New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-05
THE COURTS.
Eighth District C0urf-AlIernative Writ
Of Mandamus Asked Against the Audi
tor-Suit against the Sugar Shed Conn

4 Eighth District Courf-Aiiernative Writ
Of uandamus Asked Against the Audi
tor-suit Against the Sugar Shed Conn
pany.
IT. Mayne and +. G. Stevens, holders of
warrants in the sum of $3.50 and sos "a,
drawn by the State Auditor upon the State
Treasurer in payment of their salaries for
the month of August 1871, as clerks Of said
Auditor, have filed a petition in this court
stating that they have demanded payment
therefor from said Treasurer, who admits
their claims to be correct and has money
wherewith tD pay the same, but declines to
make said payment, owing to certain writ
of Injunction and order served upon him at
the suit of John w. Hillman, of this city.
which rib~and order are absolutely null
and void, there being no law upon which
the same can be based; that petitioners can
have no remedy save by mandamus; where
fore they pray that an alternative writ issue
to said Antoine Dubuclet, Treasurer, to pay
said warrants or show cause to the contrary
on Tuesday. September ), 1871, at 10
A. NJ, and after hearing petitioners prayer
be granted and peremptory writ do issue.
Judge Emerson has allowed said writ,
and ordered that the defendant show cause
on Tuesday, the fifth instant, at 10 A. NJ,
Why the same should not be made per
emptory.
VI. l.. Campbell, Charles A. Benedict, j.
p Maritche, +. Dubuclet, James Campbell,
Charles G. Victor, w. C. Vaught, John +.
Drummer, A. d. Dubuclet, j. III. Demarest,
A. Reggie, Nj. n. Graham and John l.. Da-
vies, clerks Of the Treasurer's and Auditors
officers, have also filed petitions for a writ
of mandamrts against Antoine Dubuclet,
Treasurer, in order to have their warrants
paid.
The rules liz the above case will be heard
to-day, when Judge Emerson will hold
session of court.
The following suit has been filed in this
court: David Stewart with respect, shows
that he is and has been a citizen of Louis
lana and resident of New Orleans for
twenty five years, and that for many years
he has been the owner OF drays and floats,
which he has employed in hauling merchan-
disc to and from the levees of New Orleans,
and, in fact, that has been the business of
his life.
That for many years past his principal
customers required of him the hauling of
merchandise 10 and from that part OF the
levee between Customhouse and st. Louis
streets the particular products which they
were engaged in receiving and forwarding,
and in which they dealt, being received and
forwarded from that particular part of the
wharf aforesaid, and which was brought
and carried by boats which landed there
That plaintiffs business has always been
permanent and regular, and that he has
satisfied his customers and he could always
count with absolute certainty on a fixed
increase, by employing his drays and floats
for his customers who received and de-
livered merchandise at the part of the
levee aforesaid, and that said business
yielded him an annual income of from
$500 to $500.
Petitioner shows that by the laws of the
State that these wharves and the whole
levee In trent of the city of New Orleans
were designated for the receipt and de-
livery of merchandise, for the movement of
the various products which are shipped to
and from said city.
That neither the State of Louisiana nor
the city of New Orleans have right to di-
vert the said wharves and leyees from that
legitimate. and only legitimate, use, to wit:
The receipt Of the products shipped to and
from New Orleans, and the delivery and
distribution of the same; nor have they the
right to grant the power to others to inn
pede, hinder or embarrass ships and steam
ers in the delivery or receipt of cargoes,
nor to impede, hinder or embarrass dray-
men or other workmen in hauling said
cargoes to and from steamers and ships
lying at said wharves.
Petitioner shows that a certain corpora
ton, known as the New Orleans Sugar Shed
Company, Incorporated under the general
laws OF this State, under and by virtue of
certain ordinance of the city OF New Or
leans, known as "An ordinance to provide
for the shelter and protection of sugar and
molasses received at the port of New Or
leans have between Customhouse and St.
Louis streets built four sugar sheds; that
these occupy a very large space of the
leveei that two railroads, the POntchartrain
and the New Orleans Texas railroads, occu-
Ply large part of the open space, and the
enormous quantity of produce received and |
shipped from the wharves fronting the said |
sheds and between the two streets afore-
ne ffrIC aRn 1nT into
that it is necessarily put up in bulk, and it |
Is only after great delay and much expense
and trouble that the draymen can get the |
particular articles that they are ordered to |
haul away, and when they have produce to |
be shipped, they have to wait for a long time |
sometimes for two or three hours-for a |
place to deposit it, and sometimes they
have not room to turn their drays, floats |
and teams
Petitioner shows that he has been sub
jeeted to all these delays, Inconvenience,
and annoyances, and pecuniary losses in |
consequence of the building Of the sheds |
aforesaid.
And he further shows that the said New |
Orleans Sugar Shed Company is about to
build two other sheds, and still further &C. |
cupy the open space within the limits afore- |
said, and acid to the inconvenience of haul |
ing produce to and from the shipping at |
that part of the wharf, and getting at it |
when landed for the purpose of distributing |
the same.
Petitioner respectfully represents that if |
the proposed sheds are built, he will be |
compelled 70 give up his business and seek |
new patrons. or go into other business that /
the delay and additional cost of hauling and |
landing the goods will prevent him from |
doing half i days work.
He therefore prays that the New Orleans
Sugar, Shed Company be cited to answer,
and that it be enjoined from building any |
other sugar sheds, or doing any other act to
lncumber and occupy the open space be-
tween the streets of st. Louis and Custom
house, belonging to the city of New Orleans,
and designated in the first section of SAID
ordnance, and on the plan Of the CITY Sur
veyor, stated in said section.
petitioner alleges that his damages in the
premises ARD $500. He annexes to the said
ordinance the notarial act passed by John
X: Conway, Mayor, August 18, 1869. before
w j. Castell, notary public. and also the
charter Of said company. all printed and
marked "a" and Prays for $500 damages.
with general relief, and for the Injunction.
Judge EIherson acting in the place of
Judge Dlbble, has ordered a rule nisi, re-
turnable Tuesday, fifth instant.
The production of sheet-iron plates coated
with copper and brass is a new branch of in
dustry in England, which has excited con
siderable attention among manufacturers.
Ii is claimed Tor this product that thesplates
present advantage to the makers Of fin
ished goods, compared with tin or galvan-
lied plates, as they can be annealed as
much as requisite during the process of
stamping, without injury to the brass or
copper coating; and that they also are