New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-18
TIE COURTS.
TIE COURTS.
niieL states Circuit 0urt-Judge Woods

Casper Llsse vs. Mis. 4. Nar,liS In th
ease Me Jury brought i'll Il sealed verdic
this morning in favor Of defendants.
ID" blum. Eranl, IL Go. ". steamboat
| C.itidO.--Ihis is lht! ior the nono"livtrN
OF Il certain quantity OF Goods shipped I,
Shreveport IRON New Orleans hv III,
plaintiff. NE boat. in ascending Red river
strgIci, II snag ~ Sugar i,;tnding. causing lea
Il -ill Gown upon the bar. 4 .,orriur o.
tie S:.l't goods were saved ans. shipped oI
the Pioneer to their destination. when com
l;al'iug them with the invoice, it was dis
covered that the loss amounted to >ta3 -
l"r which ameuno Judgment is prayed for.
The defense is ti-"t the acc:Gent prevented
their delivery.
United States vs.. Brewery Of George
Mcrl.-Inis Is Il S!lit Ill which .lc ic.,anI :
| property, c"nslStll" OF Il brewery, m%chin-
cry, and other utensils used III the N,anutic-
tu"" 81 liquors, were seized ny tie Unitc',
! States Tor violation of the inttrIa! revenue
| laws. wherein defendant is accused ri hav-
ny, during the peli"t OF Two wears and
| t:irec InouthS. used cauccl"d Staurs there
| bY dtiraudiuG tie government 20 :, large
amount Ec knowing tic s,...i" - he SO, and
procuring other parties 70 I.lIui>i! l.im with
! the same The def, t,nd"nt nlc@,:- Il general
| Genltl. and AYERS that hc has always acted
! $trIct Y III accordance 10 law, and caused
| al others in his eml,loy,ncr1 10 90 tlc
same: that he has never used caEcolrd
7 stamps. and alleges 70 tie best OF lis
knowledge and hclict tina, The seizure OF his
| property. and these proceedings growing
cat g. the salnc. were wholly az
III part due 70 IKE malice OF IN
| enplove with It View 10 damage his repl!ta-
ton and break up his business. 4 certain
troIneye.. he principal wi;I.es> II the case.
answered ms name when lhc list q WI
nrsses was called. and subsequently was
Ill
organized ana the case continued. Tie
lourt orGered a line o. twenty-five dollars
% ue entered agaiust bin. ana issued an
attachment u ho!d him in custody ill tie
opening OF the court thi> morning.
AG"ed to the numerous and difficult Cu
.irS @. MI BcckwiIh. this c.rculn stance.
which is OF daily "cc c!lIIclicc. Is one OF Iii,
ur"n every day 10 complain 81.
s5N:h District Court-Thc Ra,u!e Enter
prise in Court
A petition has been tilcG in ti.> court hy
William Hall. President Of the "K"lu;,
Planting and Manufacturing Company.
and ot TWO other companies ri Ike import.
chartered under the laws Of the STATE foI'
planting rimie in tue parishes or ,Ecttcr-
son and 81. Charles. .or the purpose OF re-
covering from Henry Weber. the treasurer
oi The three companies, the SIlL ot i've
HtN'iit'l 'tplldi>.
Second District Court-Decision Respect.
ing the Duties of the Public Admins
Judge Duvigncaud has rendered he .cl-
loving decision. which. !, involve, rev
points. We publish i'll luli:
Succession OF Martin Dec.-Th;s j. u con
trovcr>y between the puhlc Administrator
and Charles Paltlcy, :Or the administration
oI this succc>Ston.,
The Succession OF Martin Dee was opened
brt",e this court on t'.c tittxen,h November,
Ike decedcn- had made a noucrpa,ivc
Will. duly recorded before Ills court and
bad appointed for his tc>tauclltarY execute:
John O'Ncil, who had accepted ,Ee crust
ana had been qualified ,.S such according 10
law.
Ike executor Lavin- failed 70 give bond,
as required hv law. on .ppli>atiun u:
creditors. had bcen discussed from office.
and Charles Pa!trey. q this city. having
i'cen requested to administer upon tile sad
estate. iur Ihc n,I,et.t ot all parties inter
ested. has applied 10 this court 20 be :!p-
pointed daJiyo tr-taiueutary executor ot'
said Martin Dee. on ilir complying win lie
requisites ei the law.
?. Il. Foul". Public Administrator. has
fled an opposition - Tie appointment OF
Charles P4iirey. ol u" ground tha, 10y law
lie : entitled 20 sa:,. appoiu,i1e!-1 i'y |
preference oye" AL otG"I>. and over sad |
applicant.
The Fable Administrator bases his r;gh- |
%. preference ON section threc. q ;.u ac- OF |
Tie Legislature, entitled an acc providing |
to: The appointment g: public adm.niStya- |
tors. and defining The duties OF the S.lme |
approved March ). 1870. page 100. which |
reads as follows: That III all testate sue
cessions. when from amy cause the executor.
caI not discharge the duties Of his Office
the Judge shall appoint -he public admin
lStrat0r ot tie parish Ga.ive testalLentaIv
In order to understand the meaning OF
section three OF the act referred 70. i :
proper 10 examine the first section oI the
act, which provldes 1or the appointment, ot
the publlc administrator. and which de-
'res III clear and ULamb!-upus language
the duties and powers Of tha- officer. and
the purpose Tor which ,hc nee has been
created.
Section one reads: That the Goycrno, Of
the State o. .-o:Salli. -l-al. appoint a >;Iita-
d" person. T. q i,ruNL a. rlIc rIblic at
ii;nlSt.ator. 10y each aLC every parish IN
he State. whose duties and powers shall
Je as follows: IN al iutcs;atc s-ccc->ions
where there j. no surviving husband. or
wife, Ol ne.F. present a." represented III the
state, the public aHmilis.itto: ot lie parish
hal. be appoint. by the Judge of lie
'rGp"r cut,.. to administer HE same.
BY this section i j. evident % any le@a.
rind ,hat me Legislature in-endc,: % az
'olilt an administrator. tor the purpose ot
all vacant t~succc>sious. Why
Il interstate >uccc,s!Ons should another
iie be observed # the heirs are present or
curcseLr"d n the state
lhe tinr, section. Il is true. provides Tor
he appointment OF the public adlriustra- !
Or, Where from any cause the executor can
ot discharge The duties Of his office: but
MS language means, IN INV opinion. that .
he administrator takes charge Of the tes-
ate succession when it is vacant. and not
Thcn the nelrS AZ" present or represented, I
lid mus be construed to harmonic with
ection one. which defines tie duties and +,
overs OF the administrator. !
u would he monstrous TO suppose that
Ic Leg. stature intended 10 place il the I
ands of a stranger the property o: heirs 5
resent Ur represented il the STATE III one
lstancc. because the executor appointed
V the VIII, from any cause can not dis i
barge the duties OF lis otfcc, ard III another Il
lstance should deprive that officer OF the $
of d succession, wren the I
ars are present or represented in the ;
tate; if il were so it would not only be CON t
arv 70 the settled Jurisprudence OF the :
viiiZed world, but It would also be con d
ary to public order in Gepriving legitimate o
airs of their sacred rights. Tie policy OF I,
lis law was 10 protect the in:e-es: OF ab- c
nt heirs and nothing else c
As an illustration OF the Interpretation
ven By the court OF section three and III IF
der 10 reconcile ir,evocably the sections Il
ie and three, l viii set az example. The O
rt 7 Irpe. 4 yavp stated UiVp mower II