New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-31
THE COURTS.
The United States courts adjourned yes
terday, it being decoration day.
FnnI.fh District Cnurf.
seventh District Courr.


ing of the ceremonies of the hour.
Seventh District Court.
William A. Langdorf VS.. S. Legardeur-
/ Defendant in this case leased house froI
| plaintiff for a certain length of time, bu
under only verbal contract, and took POI
] session of the same. remaining a shOI
/ time, for which period he rendered pay
| ment, but the landlord demanded pavmen
for the full term OF the lease, which bein
refused, he brought suit. Judge Collens
| in passing on the case, says:
When parties make a verbal agreement
/ but stiDulate and contemplate that it shall
be reduced to writing, there is no cOntrae
| till this suspensiYe condition is performed
This is the common principle; but if b.
/ common consent the verbal contract L
/ acted on as subsistive and operative, O.
executed in whole or in part, the suspensivt
| condition is waived Thus, when a person
| agrees to lease a house on condition tina
the lease shall be in writing, he may, per
| haps, reCede from the contract before being
put In default to reduce the contract K
writing; but when he takes or keeps pos
| session under the verbal contract, be tacitly
valves the written lease, or, to say the
least, the suspensive condition becomes
only resOlutory. After taking or keeping
possession, he can not make his own refusa
to perform the condition a ground for dis
solving the contract That right does not
belong to the party in default, but to the
other. Judgment for plaintiff.
Eighth District Court.
Duncan f. Kenner has applied to this
court for writ of injunction to eniOin the
city, through the Mexican Gulf Ship Canal
Company, from further constructing and
digging drainage canal from Galvez
street to Hagan avenue, running close to
and nearly parallel with the New canal,
which petitioner AYERS is now within seventy
feet of his property; and he fears that if the
work be allowed to progress, the canal viii
in two days reach his property. He states
that it is the intention of those in charge OF
the work to make excavations in his square
of ground, and that if allowed to do so the
value of the same viii be deprecated $4,000.
Wherefore he prays they be enjoined.
The Red River TFade-Meeting of lIer-
chants and SteambOatmen.
A meeting of merchants and steamboat
men, in reference to the Red river trade,
was held at the Chamber of Commerce
Wednesday evening. We adopt the report
of the Times:
Mr.. F. Rickert took the initiative, and
stated to the meeting that " some sixty
days ago, eight or ten boats in the Red
river trade formed a combination, and their
first act was to advance the rates of freight
thirty-thFee per cent. This 4asted until
shippers became dissatisfied, and immedi-
ately instituted measures to ship elsewhere.
As soon as Independent boats entered
the trade the combination lowered their
rates seventy-five per cent. Notwithstand-
ing the monopoly was charging half card
rates of 1871, the merchants boats were
getting freight at full card rates, and the
former thinking something was wrong,
some of the captains called a meeting be-
tween themselves and the merchants, which
taking place at the Office of Bayly g. Pond,
found the commercial interest not fully
represented, and the result was an adjourn
ment TO the meeting called for tonight
The meeting was organized by the cleo
ton of +. w. Rickert as chairman, and Mr..
Marks as secretary, when in response to a
request by the president to hear from some
steambOatmen present, Mr.. Kirk, superin-
tendent Of the Red River Packet Company,
stated that she did not understand that
this was a meeting Of steambOatmen, but
of everybody interested in the Red river
trade. ana that the proper course to pursue
would be TO have the merchants first ex-
press their views, when the steambOatmen
would take pleasure in rising to explain"
This provoked some discussion, when Mr..
IsaacsOn, with a view, as he said, to bring
matters to direct issue, offered the follow
ing:
ResOIved, That a committee of confer
ence be appointed by the president of this
meeting, composed of five steamboatmen,
owners or captains in the Red river trade,
and a committee of nine merchants be ap-
pointed, to be represented by one from the
interests produce dealers, whole
sale grOcers. wholesale dry goods, wholesale
nd oh fanto5.s al
ing merchants, hardware, carriage dealers
and furniture dealers.
That a majority shall constitute a quo
rum, and shall at once proceed to the revis-
ing of a tariff, to take effect as soon as
adopted, and make such arrangements one
with the other as may to them appear just
to the steamboatmen, and consistent with
the interests of the commercial prosperity
Of the city.
That this committee report as soon as
to a meeting which shall be
called for the purpose of receiving the
same.
Mr.. Kirk-I think the resolutions very
good, but do not think that this meeting
ought to adjourn without free expression
Dy tne merchants touching their objections
10 what they term Coordination" or emo
hopOiy." think that if they will investi-
gaVe tne matter thoroughly, can convince
enSi1 InoG Gills combination is not nearly as
bad as they think, but, on the contrary, a
very good thing for them, as can prove by
facts, figures and results.
Mr. Marks-I think this combination ia
and has been an injurious monopoly. When
they advanced their rate of FREIGHT thew
gave as reason that the price of coal and
supplies had been advanced, but il ia sig-
nifcanJ fact that when coal came down.
rates did not until the merchants MT q
boat in the trade, and then the combination
lowered their rates to One-half Of what the
boat asked and promised TO |
make up among themselves the loss which |
the boats in their line might sustain. This
action l think demonstrates clearly that
the balance in their profit and loss account |
must have been on the right side, and a /
pretty good one too.
Inc gentleman then read circular which
Ne SAD hls house had issued to their Red |
I ls customers, in which they advised the |
latter OF the evils of the steamboat cornbi- |
nIo. and urged them to support the mer-
!. Ie tins he said, the country merchants re-
2Ie0 Ihat they would oppose the eombina- /
non ana extend their support to the indie /
Without much further discussion. tbe
were adopted, and the meeting
adjourned.