New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-02
THE COURTS.
The supreme Court.


The Supreme Court of the State of Louis
ana was not engaged in the delivering Q
opinions Yesterday. Their next decision
will berendered on Monday next, the eight
instant.
Sixth District Court Judgment ngains
Recorder Houghton.
In the case of j. j. Foley an attorne,
suing Recorder Houghton for five hundre.
dollars damages, alleging that he has beer
illegally prevented from practicing in tn,
Recorders court. Judge Cooley has awarded
the plaintiff twenty five dollars.
Fifth District Court-Important Salt to Re
sist City Taxes.
J. @. A. Fellows has entered suit in tn,
Fifth District Court to annul certain judy
ments rendered against him for taxes upoT
certain real estate in the Sixth District
and to prevent the Civil Sheriff from exeeut
ing writs of ieri facias issued under the
same. After asserting that he does not
own certain of the properties named, and
that he had no knowledge of the said suits
prior to the notices. of seizure, he alleges
that there never was any legal assessment
of his property (now in the Sixth District),
then within the limits of the City of Jetfer-
son, for the year 1869.
That the Council of the City of jefferson,
who alone by law had the power to appoint
assessors for that city in 1863, were illegally
prevented from the discharge and perform
ance of their duties, and before they had
chosen assessors, by an injunction taken
out against them illegally, and which was
not set aside or dissolved before March,
1870. That persons attempting to act as
assessors in 1869 had no warrant for acting
as such, and held no legal appointment and
could make no legal assessment.
That they pretended to act by virtue of
the appointment of the certain persons who
had illegally sued out the said Injunction.
and by fraud and collision obtained said
injunction during the absence of the dis
trict judge from the parish of Jefferson,
and that when said injunction was tried be-
fore said district judge it was dissolved
with costs and $1,000 damages. That said
parties taking out said injunction pre-
tended to act as the Council of the CITY of
Jefferson from August, 1869, to March, 1870,
but illegally did SO, and pretended to APP
point assessors when they had no right to
do so, and pretended to levy tax for the
Wants OF the said city for the year 1870,
and for which the bills filed in the said en-
titled and numbered tax suits purport to
be tax bills, when they had no legal right
or power in the premises, nor had thew any
legal existence as council of the CITY Of
Jefferson; that the forms prescribed by law
Tor making assessments were not complied
with, and in no respect were the assess
ments, or the levying of the tax lists, or
the pstitution of the suits aforesaid, or the
rendering OF the Judgment in conformity
with law.
That the said pretended assessors for 1869
never had q legal existence, were never
properly constituted, never properly CON
Quoted their assessments, never gave proper
or legal notice of their appointments, never
called legal attention to their work, did not
make fair and honest assessment.
That the said pretended Council were !
usurpers, and never had the legal right to
act, did not in legal form make the said lew
Of taxes to meet the city's expenses for the |
year 1870, even if they were the legal Coun- |
cil, which, however, is denied
lhat the rate of the tax exceeds the |
highest limit permitted by law, and that |
petitioner believes the exceeding of said |
Unit yltiates and renders null the whole
evy or tax. were there no other grounds of |
utility.
That the notice called the advertising
ist, /" and for which the dollar is CHARGED
md claimed, was not given at the time
designated by law, nor did the City Treas
Irer or Administrator of Finance of the
ity of New Orlt ans designate the court in
Which the claim Was to be made. or the
tax bill to he filed, and as the
aw providing this special mode of citation
equires.
That the Governor could not appoint tbe |
aid Council, nor could they exercise the | ,
inctions OF said Council without violating
ne constitution of this State and the
nlted States, and especially of section .
'ur OF article four of the constitution of
le United States, and especially of the first
aUse OF said section: that taxation and /;
presentation In republican form of gov
'nment must be lnseparable, nor can an
Dpolnted power or body of men exercise a
ny OF the functions of legislation. and
pecially the levying of a tax which il an /
Il OF legislation. That those two bodies | Q
men styling themselves the Council of i
e cities of Jefferson and New Or 8
ans, respectively, acted, in levying Y
Id tax, and in doing all these acts
the premises, as legislative bodies. $
ID attempted to perform the duties of L
CHI bodies, but we're not elected by the r.
ople In any form or manner represented IL
them, nor did the people have any choice v
exercise any will, either directly or indi- u
city, in their election; that tiey were "
ected and appointed by Henry c. War le
9TH, pretending, in SO doing, to be acting q
the Governor of the State of Louisiana: Il
at these acts of appointment of lecisla-
u aforesaid are in conflict with the copsti al
ions of the State and the United States fC
aforesaid; that the functions of legisla-
n OF the executive and the judiciary must a
Kept separate, and in these respects and s.
iers the attempt to exercise the functions Ii
legislation of the said pretended councils pl
resaid, or by any other body Of men not q
cted directly by the vote of the people, th
re and are illegal and violations of the Ia
lcles OF the constitution OF the State and in
tne United States, requiring that the co
eral departments of the government. TO or
:: The legislative, the executive ard the ho
1ciai, should be kept separate and dis Ia
ct. AN
hat the said pretended members of the
councils aforesaid of Jefferson CITY and or
orleans were appointed by the Gov ia
or OF Louisiana, and that so far as said tel
tended councils claimed TO exercise anv til;
slatlVe functions, their appointments | all
'e Illegal and vlolative of the constitution | Gre
he State and United States, and all their an
J OF legislation were and are unconstitu ha
lal, Illegal, null and void, and of no av
CT. so,
he petitioner has already suffered dam an
S in the sum of $500, and that should the grt
sheriff proceed in his threats to adver- thi
and sch his property, mis- damages would mc
arge and irreparable, and he prays that by
sald city of New Orleans and the said thu
rim be restrained from further proceed the
! ito
bus the matter stands, and although no fst
raining order has been issued, the writs the
not hardly be executed until the trial the
his cause. COZ
First District Court, an
he State VS.. w. B. Morris-In this case ex'
defendant was charged with an assault Wo
battery upon one John Cayman, on on on
sixteenth of March last, at the Lake On
Use. Du'
be accused and the complainant were aDl
aged in rolling ten pins, each having II
ners During the progress of the +b;rS clei