New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-05
THE COURTS.
Eighth District Court-A Mnndnmus UpOE
the state Auditor.

THE COURTS.
Eighth District Court-A Mandamus Upon
the state Auditor.
The mOoted question concerning the
actual debt of the State Of Louisiana, pres
ent and eventual, upon the first OF january,
1871, has been at last sprung in the matter
OF mandamus applied for before Judge
Dibble, of the Eighth District Court, to COM
pei the State Auditor to warrant upon the
claim OF }. .. Nixon, in accordance with an
act Of the State Legislature passed for Mr..
| Nixon's relief. We present below the petl-
ton for the writ Of mandamUs, the order OF
Judge Dibblel making the same returnable
on Wednesday next, the eighth instant.
THE PETITION.
To the Hon. Il. c. Dibhe Judge of TIE Eighth Dis
| trlct Court for che Parish OF Orleans:
The petition Of Ezekiel Safomon and
Myer NJ. Simpson, composing the firm of
S;liomOn 4 Simpson, both residents of New
| Orleans, and the firm domicilated in New
Orleans, respectfully represents:
That they are the assignees and trans
ierees of the right, title, claim and demand
OF James q. Nixon. under the act No. %,
entitled AN act for TIE relief OF James o.
| Nixon. late public printer passed by the
Legislature of the State OF Louisiana on the
first OF March, 1871 entitled to receive from
the State of Louisiana the sum OF fifty
| thousand three hundred and thirty one dol
lars and forty-siX cents, and which said act
was to take effect from and after its pas
sage. to wit: the first of March, 1871. and
that the Auditor of Public Accounts was
and is therein req uired to issue his warrant
OF the Treasurer for said sum, all Of which
Will more fully appear by notarial transfer
and the certified copy OF the act hereto An
neXed and made part hereof
| Your petitioner alleges that by virtue OF
said transfer, and as the real and bona tide
owners thereof, they demanded the warrant
thereof from said Auditor of Public Accounts
since the passage of said act, and he refused
toissue the same, and still refuses. Petitioner
alleges that this demand is to fulfill a duty
attached to the office of Auditor by law, and
that your petitioners are irreparably injured
| 10y said refusal. Petitioners allege that by
| law said duty is ministerial. and your petit
TONERS have legally the right to require him
TO perform It. and that 4. mandamus is neces-
sary to avoid denial of Justice.
Wherefore. petitioner prays for writ of
mandamus to issue commanding the Audi
| tor to issue the warrant required by said
act. and the laws, and that the same be
| duly served on James Graham, Auditor, to
show cause. if any he have, on or before
| the eighth OF March, 1871. why peremp-
| tory nandamus should not issue, and for
costs and general relief
THE AFFIDAVIT.
Personally appeared f. Solomon. who.
| being duly sworn, says he is d member OF
the firm Of Solomon Il Simpson, the plain
| tltfs in the foregoing petition. and that the
| facts and allegations therein are all true
and correct. Z. SALOMON.
! Sworn 20 and subscribed before he this
third day Of March, 1871.
w. j. EVANS.
Second Justice of the Peace for the parish
| OF Orleans.
WHAT THE STATE AUDITOR SAYS.
| From tie Evening Pcayune.l
The representative of the PicuJant hav-
| iug called this morning upon Mr.. Graham.
| the State Auditor. 1ound him at his desk
| busily engaged in making out in rough an
| estimate OF the State deb. from data before
| him.
| Mr. Graham stated that he Lad refused
to pay the claim OF Mr.. Nixon, and should
refuse to pay all claims against the State
| accrulnG from the acts of the last LegiS-
| lature, except those necessary for the cur
rent expenses OF the State government.
| Concerning the claims against the State
! not embraced within its current expenses.
| he should require the decision OF the highest
| tribunal OF the State before he would at
| tempt to pay them. as he was in doubt CON
| corning what might be considered the actual
Sldtt utDi, though nc IL u oplllOU tQal 1t
| has already exceeded the constitutional
| limitation by several millions of dollars.
| The following is Mr.. Graham's estimate in
rough OF the State debt present and even
tual, up to the first of January. 1871. de-
tailed list of which will be published here
| after:
Bonds actually issued ............. s2256c, 233 20
Miscellaneous Indebtedness ........ 867.533 Sc
Outstanding warrants. ............ 800 81 81
Outstanding certificates of indebted
ness ......................... 29G SIS g.
Obligations Of the state to issue bonds
(about) -...-..-. 100000 600 10
Grand total. .....................$ 35 OBJ IA g.
Since the above was in type, Mr. Graham
informs us that the obligations Of the State
to the New Orleans, Baton Rouge and Nicks-
burg railroad, estimated in the above as
81 100000 are, as ascertaned from its off
GERS, 900, increasing the outstanding
obligations above enumerated $3.50, 600.
and increasing the grand total to over
$40. 000, 600
Mr.. Graham states that he was acting
in this matter not only upon his authority,
but by and with the advice of the Governor
OF the State, and that though ii was not his
province to go behind the acts of the Legis-
lature in passing upon the legitimacy
OF claims allowed by if, he had determined
to be guided only in the mode Of payment
by the opinion Of the final court Of ibtra-
ment, the Supreme Court Of the State of
Louisiana.
He wants that court to settle, beyond
question, what is the actual debt Of the
State, and whether the constitutional limit
has, or has not, been reached.
Our readers will understand that the
items in the appropriation bill, lately passed,
will all be warranted for by the Auditor,
with the exception of special claims against
the State, i'll which is included Il claim of
over 500, 600 allowed to William S. Pike.
Esq.
The claim of Attorney General Belden
has also been refused by the Auditor.
Sixth District Court for SprinkliuR
the Streets.
Thomas Mcknight Jr., is suinr the city
OF New Orleans i'll the Sixth District Court
to recover the sum OF s. 900 Tor spripklino
the streets OF the city with water, and for
damages in not being allowed TO continue
the business, for the pro-, ,utl.n of which
he has invested IL large asua.n. If capital
in mules, carts, etc.
Fifth District (ourt.-A Si.t..cr Suit
Ten Thousand Daliaso lumaaes
Claimed.
Ambrose Kuhn has nr,L.i7 -nr in the
Fifth District Court Ia Eco"Ncr $4,000
from citizen of NcH U.Irans. Oh the
ground that the SAID citizen has publicly
DETAINED him, and appliel 20 am u.maging
epithets OF the most }u!.a' .-haracter.
MIR. Kuhn thinks that 4d vii be re
qured to set HIM all square in lie opinion
of the world
Public Debt Statement.
c.l A.