New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-29


4 kberal domination allowed to those who zen
- o1ube It five or more"
THE COUATs.
20 ..'G
In the suit for q mandamus on tn
Auditor, brought by the Governor. Judg
Emerson yesterday decided to grant tn
writ. for the following reasons:
The auditor having refused to warran
for that portion of the Governors salar,
which accrued during his alleged absenc,
last season. the latter seeks this method Of
enforcing his claim.
Defendant asserts the occupancy of the
executive chair during the alleged absence
by the Lieutenant Governor: the paymen,
to that officer Of the salary due for the in
terval, and denies the right ct the Governor
to it.
Parole evidence was offered to prove the
above avernments, which was objected on
several grounds. l sustained the objection,
considering that authentic or documentary
evidence was necessary in such cases. and
that the fact Of temporary evidence. even
If proved, would be immaterial to the is
sue. "a
The salary is due and payable during the
Governors continuance in Office, and there
is no law authorizing an abatement. He is.
if temporarily absent, the Governor Of the
operates as a suspension, and the duties Of
the office then devOlve upon the Lieutenant
Governor. But if acquitted, who could
question the Governors right to pay for the
interval Of. suspension! The mere fact Of
the temporary non.exercise Ofthe executive
duties constitute no forfeiture of the salary
Let the mandamus issue as prayed for.
The rule nisi for .lhandamus on the
Treasurer, commanding him to pay the
warrants held by the hospital, came up for
hearing yesterday The Treasurer an.
swered thatAO demand was ever made to
pay the warrants held by the relator Be-
sides he had been enjoined from making
any distinction in the registration of war
rants; commanded to register them all, and
pay them in regular order. This being the
case, warrants to the amount Of $500, 600
having been registered prior to those of the
Charity Hospital, and the same remaining
unpaid for want of money in the treasury.
the Treasurer SO pleads against the manda-
mus. The case, when it came up, was fully
argued The judgment Of court was to the
effect that 1.-The writ of mandamus herein
prayed for be refused at REALTORS costs".
In the case of the suit brought by E, L.
Levy against the Board of Metropolitan
Police, 1t is understood that fully one hum
dred suits tor amounts Of one hundred dol
lars each were brought in the justice court,
and judgment obtained in each case against
the defendants.
In the case OF the Slaughterhouse COM
pany, applying for an injunction to restrain
the butchers from appropriating to their
own use the heads, horns, etc, Of slaugh-
tered animals, the company claiming that
such refuse belonged to them, Judge Elmer
son has rendered an opinion as follows:
Under the seventh section Of the act in
cooperating the SlaughterhOuse company,
the plaintiffs exact certain portions Of the
animals slaughtered on their premises as
part compensation for the privilege, the
other part being payable in money. They
allege that the portions specified in the Sec
ton belong to them; that hitherto they have
been surreptitiously appropriated by de- |
PENDANTS, and that they fear defendants will |
continue to abstract them in the future. !
Hence they pray for an Injunction to re-
strain further appropriations.
For cause against the issuance of the in |
junction, defendants allege the section |
cited to be in violation of article ITO of the |
OF the United States. They allege, further
more that the heads, horns, hoots, ETC., /
never ceased to be their property
Animals are not slaughtered by the plain
TINS, but by the defendants, who are the
owners OF the property and Of every part
OF it.. II they were bound to deliver to
plaintiffs any portion as toll or compensa. !
.."A' ~ AA'AAAS IAeiI prOpeEty until Uc> |
ivered, and q refusal to surrender il, Or. i'd |
value, may be renedied by q resort to or. |
binary proceedings: I
The toll or Compensation is payable in
cash and in kind. Neither becomes tha I
property Of plaintiffs until paid or delivered, |
and an injunction will not lie to restrain the
carrying awaysuf either ~ |
Let the injunction prayed for be refused,
In the tax suit contest suspensiye an
peal from the Judgment OF Judge Cooley.
ordering tax suits under one hundred, dol
lars to he brought in the Fourth and Eighth
District Courts, was applied for by u. c.
Byerly, of the Third District Court. and |
refused. An alternative mandamus on the |
Eighth. DISTRICT Court was obtained to-day
from Judge Howell either TO grant the ap- !
peal or show cause why on Monday, Novem-
Der II. III, ,-
The suit of Fuentes and others against
Myra Clark Gaines is set for argument to-
day in the Second District Court, and will |
be opened by Miles Taylor, Esq. The cause |
of the suit is as follows: The will of Daniel |
Clark was made in 1911 and q will pOste- !
riOr to that was also made in 1913, aud upon
the latter rests the claim Of Mrs. Gaines. |
This pos terror will being, according to law,
entitled to all consideration, was approved |
by the Probate Court, and finally went up |
to the Supreme Court Of this State, where |
Mr.. Justice Merrick, in 1853, pronounced |
upon the validity Of this last will. which |
was only proved by testimony as to its con-
tents, the orig iDal document having been
destroyed. The petitioners claim in this
case that the will is nullity, and seek to |
enforce this doctrine