New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-03
THE COURTS.

Republican Pruning Company hkaiuse
Joseph III. Wilson and Ofhers-The City
seeks TO Enjoin United states Quar-
termester from Erecting Fence and
Buildings on she Levee-The sugar
sheds Again In Court.
many VS.. Oscar j. Dunn, George w. Carter,
Joseph H-Wilson ct ais. In the abeve case
the court has delivered the following
opinion:
or and owns and publishes the New Or
leans Republican, styled the official Journal
of the State. e.
The company applies for writ OF in
junction against the Lieutenant Governor
and the Speaker of the House OF Represen
tatiyes. forming a,majority of the Board OF
Printing Commissioners under the act OF
the Assembly No. 8, of 1865, approved July
"a 1868. entitled ian act relative TO puDnc
nrinting - and an act amendatory thereto,
annroved February g. 1870; and also against
Joseph HI. Wilson and several puoilc ON
GERS.
The plaintiff obtained contract under
the aforesaid statutes to act as state
printer, and to publish the oihclai journal,
and 40 the public printing during the ex-
;sting General Assembly-that is to say,
mill the first Monday in November, 1877,
CONSTITUTION, articles sixteen and seven
taenI and thereafter until another contract
shall be entered into. :,
The plaintiff complains that the aforesaid
members of the Printing Board, which Is
composed of the Governor, Lieutenant
Governor and the Speaker, have assumed,
without authority or warrant OF law, 10 re-
woke the said contract, and TO award
contract for the same work 10 de1enoah1
Wilson.
An Injunction is asked for to prevent the
said officers from persisting in their attempt
tn revoke the contract held by the plalntln;
70 restrain the defendant, Wilson, from at
temnting to act under his grant, and to
nrevent The other public officers, made de-
fendants. from giving out public printing to
said defendant, Wilson, in violation OF the
contract held by plaintiff
A rule nisi was ordered and mas oeen
heard. Except by the defendant wilson
no answer to the rule was mace. Ih5s ue-
PENDANT. however, files an answer and am
dayits: he insists that the petition discloses
no jurisdiction in the court, because no spe-
cific amount of injury is alleged.
Furthermore, he insists and tiles afhdaVlts
70 show that if the writ should issue he
would be injured in an amount exceeding
over 100000 He admits that he has made
the contract with the aforesaid officers, as
charged in plaintiff 8 petition. e
There is nothing in the plea TO the 1uris-
diction. The State courts of general juris
d;ction are presumed to have jurisdiction
until the contrary is shown. Here the Juris-
diction is established by the affidavit OF this
defendant.
This seems to be proper case Tor an IN
junction. 1t is perfectly clear to me that
the high execution and legislative officers,
acting in the extra execution and extra legs
lative capacity of members of board ap-
pointed to superintend the public printing,
exceeded their authority in attempting to
revoke the contract between the State and
the plaintiff. ,i-t
The decisions are uniform to the effect
that when the State becomes party to
contract with an individual such contract
is governed by the same rules applied to
contracts between individuals. In this case
the plaiptiff has contracted to do the public
nrinting and publish the official journal for
a special period. That period has not
elapsed; until then the contract can not be
annulled, except by consent OF both parties
to the same, unless for some good and legal
reason. and the validity OF such reason
must first be iudicially ascertalned.
The right to the writ of injunction in
such a case as this has been frequently
recognized by our courts. l Hennen 663,
ct seq.
The afidavits filed by the defendant Will
son. are to the effect that if enjoined he
would suffer injury in the sum of one hun
bred thousand dollars. On the other hand
the plaintiff has fled counter affidavit
made by the. manager of the company in
which he states that if the defendant Will
son should obtain an injunction similar to
the one now sought against the company
plaintiff, the company could not possibly
suffer loss above twenty thousand dollars.
He further states on oath that If Wilson
should obtain the contract, he could not
furnish the materials necessary for the
work and make more than five thousand
dollars. But this small estimate of proba-
BILE or possible damage proceeds, of course,
upon the assumption that the said Wilson
would be obliged to purchase the material
and stock to carry out this contract. 1t
may be, however, and nothing to the con-
trary appears, that he has an office and
with newspaper, to undertake
the work.
think that bond of fifty thousand dol
lars will perhaps be just to all.
1t is therefore ordered that the iniunc-
lions issue upon bond of fifty thousand
dollars. ..
The city has filed an application for an
Injunction to restrain James Belger, United
States Quartermaster, from erecting fence,
buildings and sheds on the levee, quay and
batture between Gaiennie and Calliope
streets, claiming that in doing so he viO-
lates the law and the rights of petitioner,
and in violation of the rights of the public
at large to the use and enjoyment thereof.
The city claims that the space proposed to
be occupied by said Belger, has been long
devoted to public use for the purpose of |
landing vessels and receiving freight, |
she gains large revenue each |
year. Therefore a writ of injunction is |
prayed for as above.
On the twelfth day of July last Judge
Dibble decided adversely to the application
of Samuel Mcclellan, a sugar merchant of
this city, praying to enjon the Sugar Shed
Company from charging him more than
twenty five cents per hogshead of sugar
and fifteen cents per barrel of molasses, as
storage thereon, claiming that such limits
were imposed by their charter.
Mr. Mcclellan, through his attorney,
Judge Cotton has filed another suit, IN
which he sets mp virtually the same
grounds, in addition to which representing
that the sugar, ETC., stored by him had not
changed hands Ia plea which was raised by
defendants in the former suit.
The matter will undoubtedly 60 to the
Supreme Court for final settlement
United States Commissioners Court.
The case OF nineteen stevedores against
steamer City of Quincy came up yesterday
before Commissioner William Grant.
1t appearing by the evidence that the
claims were for services rendered in load
ing the vessel, the claimants were not sail
,rs within the meaning of the law. The
therefore, held that he was
without jurisdiction, and referred the par
ties to justice of the peace
The Toledo Blade announces the appear
ance of the ''pestilence fly" which is said
20 be forerunner of pestilence. This in
sect is little less in size than the common
house fly. 1t is jet black on the back and
wings, the latter being round and short