New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-22
THE COURTS.

a commission I0Oee VINO sent
- clubs Of five or more.
THE COURTS.
Eighth District Csurt-slaushterhouse In.
junction Granted-City Tax suits.
The case of John Larrieux vs.. the Slaugh
terhouse Company, praying to enjoin them
the west bank of the river, came up before
Judge Emerson. After hearing arguments
of counsel, the court delivered an oral Opin.
ion in the case as follows:
THE act creating the Slaughterhouse
Company is perfectly legitimate. and by it
they are vested with certain extraordinary
privileges. Their compensation, though
great and excessive, is more than sur
passed by the most extraordinary privilege
Of the monopoly, which gives them exclu-
sive control of the slaughtering business.
The act gave them the monopoly Of bust
ness. but it also required them to erect
buildings and accommodations to slaughter
five hundred cattle daily. They may have
right to remove their slaughterhouse
buildings, but the act required them to Sc.
lect locality on the west side.
The butchers had certain rights under the
act, such as the right to demand proper ac-
commodations for the Strengthening of their
cattle.
The relator complains that the company
has infringed on his rights by removing the
slaughterhOuse from the right bank Of the
river. and claims that they have no night
under the law for such proceedings
The company has no right to abandon the
slaughterhouse until they had erected other
accommodations, and before they could re-
move they should have furnished other
buildings and conveniences, such as the law
required. There is no showing here that
they did so, and therefore the case must
stand upon the face of the papers. They
make no attempts to show that they have
erected the accommodations required. and
as to the erection Of the Live Oak Slaughter
house by these butchers, it may be that they
have infringed on the rights given to the
company by the act which created it. but it
would be most extraordinary thing if the
company could be permittedt to abandon the
slaughterhOuse and make no provision for
the accommodation of the butchers Ger
talnly they were entitled to it.
Let the injunction issue as prayed for,
and let defendants 1.-THE company he re-
strained from molesting relator in the ex-
ercise OF his rights in slaughtering on the
right bank of the river 1.-THE place originally
selected by the company.
Bond was fixed at $1,000.
The SlaughterhOuse company and butch
ers.-The Crescent City Slaushterhouse
company has filed suit against several
butchers, claiming damages and the writ of
injunction. representing that under the act
OF March 8, 1869, they were granted exclu-
sive privileges of building slaughterhouses
in the parish of Orleans, and Of slaughter
ing animals therein, and all other persons
were prohibited from infringing in any
wise on the provisions of the same, under |
PAIN OF $3.50 fine, recoverable by suit.
That by the fifth section, all perso 1s are |
prohibited from slaughtering animals in the |
parishes OF Orleans, Jefferson and St. Ber- |
nard, and from constructing slaughterhouses
IN those parishes, and from using those al |
ready constructed under pain Of a fine of |
$l0O. The sixth and seventh sections of
their charter provide that all cattle destined
for sale in the markets of the parishes of
orleans anu jefferson, shall be inspected by
an inspector appointed by the Governor Of
the State, and also state the fees which the
company shall be allowed to charge for ami
mails slaughtered in their houses.
fetltlOners are informed and believe that |
the rights and privileges granted by their
charter are being infringed upon by certain
persons practising the business Of butchers
n TINS parish and State, viz: +. Frilot &
70. John Larrieux, Frank Oser, Gus Oser.
Henry Nicolas and John Nicolas.
Fetltloners aver that slaughterhouse
las been erected, and provided with all the |
necessary utensils for Strengthening animals. |
N the west bank Of the Mississippi river
n the Fifth District of the city of New
orleans, situated on the canal, about three
'lochs IRON the main street, on the right {
'ank Of said canal, from one side of which {
S hung sign painted, in large letters !
'earing this inscription: "Live.Oak Slaugh. |
erhouse. and petitioners are informed and !
'eheve that the persons made defendants 4
ierein are the parties occupying. using and {
aughtering in the said sO-called Live !
lak Slaughterhouse,' in which house from
wenty five to thirty beeves can be killed c
nd dressed for market per diem. all of |
hese various things being done in violation
f law and the rights of petitioners. {
petitioners are informed and believe that ]
Yer two hundred and fifty beeves have
cen illegally slaughtered by these defen- I
ants in said Live Oak Slaug hterhouse.
That the said defendants, solar as petition {
RS are concerned, are separate in business, {
ach slaughtering cattle, etc, for and on {
Is own account, and each one Of them is !
able for a fine or penalty of two hundred {
nd fifty dollars for landing, yarding or l
eepipg animals other than ct the wharves, j
leds or yards of petitioners, which sum l
mounts to two hundred and fifty dollars I
n each OF said persons and Offense. a b
That each Of the defendants has slaugh- s
red animals each day from about Septem- g
er IA, 1871, until September 20, 1871, and a
ach OF them is liable to penalty of one j.
dndred dollars for each offense, which "
mounts to about twelve hundred dollars II
r all Ut said defendants.
That the said defendants are co-tres-
1ssers, and are liable in solido for the hi
n0le VI said amounts to petitioners. b.
nat each OF said parties has slaugh- "a
reo, as petltOners are informed and be- II
we, two head of beeves each day in said al
We Oak SlaughterhOuse, and retained and tn
pit the heads, horns, feet, gore, entrailr. bf
=. thereof. contrary to the charter and Va
lvileges OF petitioners, which these peti- tn
ners lost, and were deprived of the W,
Its for each beef, amounting to total of A,
o. for which all of the said defend az
e. tresspassers aforesaid, are liable in iiI
lido. sir
Petitioners aver that they have been, de-