New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-18
THE COURTS.
Sixth District Court-Judge Cooley Hoa
that Billings Is Not the Recorder Of N.
Fourth District, and Discharges
~ Prisoner Commfffed by Him.

ton of VIM Spahr for habeas corpuss
| mentioned in Yesterdays REPUBLICAN-w,,
granted and the prisoner discharged.
The application was based on the allepa
| too that III. +. Billings, who had committsS
the prisoner, was not the legal Records
| his appointment by the Governor being nnlI
/ and void Judge Cooley intimated In h.
decision that he thought the Governor comb
not appoint q Recorder under any circrm
| stances, but decided principally upon ~
| following grounds j. From the evidence
before him he must presume that there haS
been no vacancy, because it was shown tia.
William Weber had been appointed in con.
forH1ity with existing laws, on the fourth of
| April 1870, to serve for two years that
| there was no evidence that he was not sim
| the Recorder. 2. Under the law it was i'm
possible for a vacancy to exist because tbs
city charter provides who shall succeed tbe
Recorder in case of his death, resignation
etc, and if no vacancy existed the judpe
| could not see how the Governor could IN
| one. For these reasons he decided that A
| E. Billings could not be the Recorder. Tn
prisoner was discharged, but immediatelTT
rearrested. ,..n .....t.. s.t. --
Eighth District Court-The New Orleans.
Mobile and Texas Railroad Compan,
vs. the state Authorization b,
Judge Dibble-Opinion Touching Estab.
| Iishments Regarded as Nuisances, but
Licensed by the City-Is Note Given
for Loan of Confederate Money Col.
Iectnblef
| State of Louisiana ex rel. New Orleans
| Mobile and Texas Railroad Company vs.
James Graham, Aud itor, ct al.-In this case
a petition has been filed by the New Or
| leans. Mobile and Texas Railroad COmpan7
| in which the said corporation AYERS that
| Al Of Acc l.
| the State of Louisiana, approved February
| 81, 1870, the said corporation, under tie
name of the New Orleans, Mobile and Chat
tanooga Railroad Company, were induced
| and encouraged to commence the construc
ton of railroad on the right bank of the
Mississippi river, opposite New Orleans
Jefferson or Carrollton, to the Bayou La
| fourche, thence to Vermilionville. Theme
| to the Sabine river, and thence to Houston.
| Texas; and upon the completion OF the road
| to different points, as aforesaid, was to Ne
ceive installments of State bonds of seyea
hundred and fifty thousand dollars each
| according to the seventh section of the sad
| act No. 81 of the acts of the session of jar
| uary, 1870, aforesaid, as published RELATIVE
| to said corporation.
Petitioners further represent that the ae
was accepted by said corporation within
the time and according to the conditions d
| tween the corporation and the State by viz
tue thereof
Petitioners further show that the Cove.
nor of the State appointed John G. Gaines.
l.. f. Generes and Lafayette Folger to e.
anime said work of said corporation, and to
report the condition thereof to the Cover
| nor, and that the said commissioners have
reported to the Governor that the road has
been constructed to Bayou Lafourche, and
-, 81 Gal
act is due to petitioners, and that the Gov.
ernor approves said report of the cOmnis
sioners, and agrees that petitioners are en-.
titled to said first installment.
Petitioners aver that they have in al
things performed their duty of constructing
said railroad, and that the commissions
have examined the same. and that the Cor
ernor has accepted the report and acknovL
edges the obligation of the State to perfon
its contract to issue the bonds specified u
said No. 81. r-e.t a
Petitioners further aver that the bond
for the sum aforesaid being the first install
ment. have been prepared and executedF
the Governor and Secretary of State ia
the purpose of being delivered to petitim
ers, and that at the same time are ready
registration, according to the terms of sad 3
act, to petitioners, but that James Grahan
Auditor, and Antoine Dubuclet, State Tres
surer, refuse to register the same, althouh
amicable demand has been made.
A writ of mandamus has been issued y
turnable on Monday.
In their answer respondents set up that
the debt OF the State of Louisiana exceeds
the sum of twenty-five millions of dollar
That the claims Oh which the prayer of The
relator is based were no part of the debtG
the State of Louisiana on said fifteenth day
OF December, 1870, and are not at The
present time, and that said claims form %
part of the current expenditures for The
necessary government of said State or fer
the maintenance of its peace and order.
That the General Assembly of the Stat
of Louisiana was without power to pass The
act under which relatOr claims, and it
therefore null and void
Respondents further aver that the NeF
Orleans, Mobile and Chattanooga Railroad
Company, as well as its successor, the New
Orleans, Mobile and Texas Railroad Con
pany. is private corporation; that its prop
erty is private property; that it is managed
and controlled for the individual benefit and
advantage OF its stockholders, and that the
Legislature of the State of louisiana was
without power to pass an act of donation Or
gratuity to private advantage and ben
emit, and the same is therefore null and VOID.
therefore respondents pray that the pen
ton of relator be dismissed
1he case was to have come up YESTERDAY
morning. Owing to the absence of the AZ
tornev General, it was, however, confined
until Mo lday.
In the suit of Charles Fischer VS.. Widow
l.. Weiss, Judge Dibble has given judgment
IN favor of defendant. This case involTrg
the validity of a note given in considerston
Vi confederate money we subjOin q
opinion:
Ihls is suit on promssory note fr
SoVo; lhe note was made January /, 1850
oy l.: Weiss, deceased. This action
brought against the widow in communist
The plaintiff charges that she took posses
sion OF the effects of the deceased witbOu
causing his succession to be opened, AMI
mas, therefore, rendered herself liable for al
OF the community debts,
Inc defendant answers that her deceased
husband left no property. and denies ths
she took possession of ANYTHING of his, AM
therefore is not liable. She further charge
tnat the note sued on was given for LOAF
vi ~, confederate notes, and is therefore void
me evidence shows that the defendan
ana take possession of certain persona
property lett by her deceased husband; tia
she did not open his succession. She BEGAN
responsible for the debts OF the deceased
c. c., 1913. $3.50
IL is necessary, therefore. to decide th
1allu'ty OF the note. 1t was given by tb
deceased. The evidence shows ths
ABOUT the time of the capture of ii
city by the national forces. Mrs, Guio1
now the wife of plaintiff, loaned $3.50
confederate notes to the deceased husbani
OF defendant. Defendants witnesses an
positive about the fact, and the identicas
notes are filed in evidence. This loan va
t Inc DEBT, renewed from time to time. win
the interest added, for which the ne sned
on was given. -'0''