New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-20

New Tariff OF the sugar shed Conn
pany Judge Dibble's Opinion of the
Contest Over the Fourth District Re.
cordership-Suit Against the Auditor
Mandamus Compelling the Auditor to
sign the Bonds of the New Orleans,
Mobile, and Texas Railroads.&c..
Samuel McClellaud dealer trading in
the city OF New Orleans, and more espe
cially engaged in buying and selling sugars
and molasses, brings suit against the New
Orleans Sugar Shed Company, and AYERS
that his business is threatened with ire
parable injury by the acts and doings ofthe
said corporation. That said corporation was
organized under the laws of the State of
Louisiana relative to corporations. by act
before Stringer, Notary Public. That the
domicile of said corporation was fixed in the
city of New Orleans, and that the professed
object of said company was to construct
and maintain sugar sheds for the shelter of
sugar and molasses. That by the fifth ar
ticle of their charter said company assumed
all the obligations of Francis b. Fleitas and
his sureties under the ordinance of the Com
men Council OF this city, approved August
Ia, 1869, granting to said Fleitas, his success
sors or assigns, the right to have and enjoy
for the period of twenty-five years the ex-
elusive privilege of using the public spaces
on the levee in the Second District between
Customhouse and St. Louis streets, for the
purpose OF erecting thereon uFe-pfoOl sneuS
for the reception OF sugar and m0lasSes.
Petitioner represents that the city, in
granting said exclusive privilege, imposed
certain terms and conditions upon the gran
tees, among others, stipulated and pro-
vided in the said ordinance, that said
Fleitas should be allowed to charge twenty
five cents on every hogshead of sugar and
fifteen cents on every barrel of molasses
sheltered under said sheds, and that no
other charge should be made for shelter,
unless the package after being under cover
should change hands.
He represents that said company. in vio-
lation of the franchise from the city and
their express agreement In the transfer from
Fleitas, have, by resolution of their board
of directors duly advertised, increased the
tariff for all time t. come and during their
privilege, for sheltering sugar from twenty
five cents per hogshead to forty cents per
month, and in like proportion increased
their tariff on molasses, all in positive con-
travention of said ordinance.
Petitioner AYERS the dealers, merchants
aud brokers trading in sugar, have been
notified of said illegal charges, and of the
determination of the company to exact and
collect said charges
Petitioner further AYERS that if the COM
pany carries said resolution into effect it
will work him an irreparable injury.
Wherefore he prays for an injunction en-
joining said company from charging, de-
handing and collecting more than twenty
five cents per hogshead of sugar and fifteen
cents per barrel of molasses, whatever
length of time the same may remain under
said sugar sheds without change of hands
He further prays that said company,
through its president, Jules A. Blance, be
cited to answer hereto, and for general
relief, etc.
Judge Dibble issued an order nisi COM
rha ShoI ns1,n
cause on Saturday, June "a, why an injunc-
ton should not issue as PRAYED for.
In the case of William Weber VS.. the At
torney General, ordering him tthe Attorney
GeneraD to show cause why he should not
institute proceedings against A. +. Billings.
Recorder of the Fourth District, under the
intrusion act, Judge Dibble made the man
damus peremptory, at the same time re-
marking that he did not agree with the
Judge of the Sixth District Court when he
said Mr.. Billings was not Recorder of the
Fourth District. In his opinion, he is the
de facto recorder, and as such his acts are
as legal, while his right to said office is I'M
der contest in the courts, as If he was the
recorder de .jure.
petition has been filed by William NJ
Geddes, asking that a writ of mandamus
issue against Auditor Graham, to compel
him to issue to him warrants on the State
Treasurer for the amount of S27 500, this
bCiag the amount OF five certificates OF in
debtedness which Geddes holds.
In the suit OF the New Orleans, Mobile
and Texas Railroad Company VS.. the State
Auditor, the facts in which case were pub
Gshed in Sundays REPUBLICAN, the manda-
mus prayed for was made peremptOry.
Judge Dibble remarked that he did not be-
lieve in the right of the ministerial officers
TO refuse to carry out the law.
The city, through Geo. S. Lacey, City At
L. I
fore filed for the dissolution of the iniunc-
ton taken in the case of the New Orleans
Republican Printing Company VS.. the city
Of New Orleans.
Fourth District Court.
Four jury cases were up before this court
yesterday morning. One. Of the suits was
dismissed, and the other three, owing to
sickness of counsel and other causes, were
continued.
Judge Theard informs US that the bulk of
the jury cases are disposed Of and that in
three days more all the jury cases will be
finished.
United States Circuit Court.
In the case of the United States VS.. P.
Harris, his Honor Judge Durell, ordered |
the release of the accused on bail bond of |
one thousand dollars on his own recog- |
nj7ance.
1 the case of RinalGo Piaggo vs.. the New |
Orleans Insurance Company, in which |
heavy verdict had been rendered in favor of |
the plaintiff, the application OF defendant |
for new trial was refused.
In the cases of the United States VS..
Joseph Maristry ct al, and the same VS.. j.
w. Burbridge, United States District At
torney Beckwith moved for writs Of error,
which were granted.
j. w. Gurley, ESD. master in chancery.
TO whom the taxing as costs OF the fees off.
-. Weller, master i'll chancery in the sew
eral cases wherein Mrs. Myra Clark Gaines
is complainant against various parties, has
reported the following as the proper fees to
be allowed In the cases of the city of New
Orleans. $4,000; in that of Lameyer, $50; in
that If John Diamond $500; in that of
Jenkins, $500; in that of Creppel, $500;
making total of $3.50.
Patrick Duffy was sentenced in St. Louis
lately to be hanged for the murder of
Fro slr-h a o. |