New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-20
THE COURTS.

Among the suits for taxes in the Eighth
| District Court, is one against a marble cut
| ter, who says, in answer to the claim, that
he has already paid license and got re-
ceipt, which, when cited in the present &C
ton, he carefully examined and found, to
his surprise, that the occupation for which
respondent was charged was not mentioned
in said receipt" The answer was duly con-
sidered.
In this court the case of the State against
George w. Carter and others, commonly
known as the legislative injunction suit.
praying to enjOin the defendants named
from assembling as a legislature, counsel
yesterday filed an exception, in substance
as follows:
"That this honorable court has no juris
diction to entertain the cause of action set
forth in the petition, it being an anomaly
unknown to jurisprudence that one branch
of the government should attempt directly
to Oust the Legislature, or to control their
action in any way, and they say that the
petition shows no cause Of action, and that
it contains no cause of action OF which this
court can take cOgnizance."
Matters in the civil courts yesterday pro-
ceeded on the routine principle, involving
only the determination of suits on prom
issOry notes and on open accounts, with the
following exceptions. A suit begun in the
Sixth District Court against a lot of dia-
mOnds, wherein the plaintiff sought to re-
cover possession of the same, he claiming
privilege over the heirs Of the party to
whom they were loaned.
In the Fifth District Court suit was en-
tered to recover possession of the body of
an inmate of religious institution, by the
way of habeas corpus.
In the Fourth District Court, in a suit
against Williamson Smith, the agents of
Charles Morgan, who had rented certain
premises of the defendant were ruled into
court by process of garnlshment, and the
rule was made absolute to the amount of
$780,
In the old case of the commissioners of
the first drainage district, praying tor the
homOlOgation Of the assessment tableaux,
wherein Judge COllens gave judgment, a
rule for d new trial, returnable on the
twenty-sixth of January, has been filed, on
the ground, among other allegations, that
the hOmOlOgatiOn is prescribed by ten years,
and that the law is unconstitutional, mas
much as the tax is not equally assessed
upon all the property in the parish.
The cases considered by the grand jury
of the United States Circuit Court, under
the ''act to enforce the provisions Of the
fourteenth amendment" were the late pros
ecutions of certain parties in Grant par
ish whereof the public already know the
history. The grand jury will hear further
evidence on the twenty-fifth, and, as yet,
have agreed upon nothing. The following
charge was made by Judge Durell on
Thursday last.
"Now, gentlemen, all l have to say to
you in regard to these laws is, that al
though they are laws necessarily arising
out OF the late troubles, and necessary for
the security and protection of those who
were once in a state of slavery, but who
now stand on the plane with ourselves in
all political and civil rights, and have been
enforced heretofore most rigidly as the
safety of property and life required, yet
they may be made the instrument Of en-
forcing the end and aim of bad men in
society; therefore, when matters which
these laws cover are brought before you
by Mr.. Attorney, and he produces his wit
nesses, you must be very careful to sean
the appearance and the testimony of the
same-sift out the truth SO that you may
not alike bring rebuke and sorrow upon a
person who may be as innocent as your
selves"