New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-20
THE COURTS.
seventh District Court,

Elizabeth Hedden, Widow, vs. Emma
Finney and s. M. Williams.-In this case
the court considering that the facts and
the law are with plaintiff, and considering
that defendant, Emma Finney is minor:
It is adiudged and decreed that there be
judgment herein in favor Of plaintiff, Eliza
beth Hedden, widow, against defendant,
S. NJ. Williams, for the sum Of $3i7 and
costs Of suit, with lessons privilege on the
Il is further ordered that as to defendant.
Emma Finney, this suit be dismissed.
Eighth District Court.
Judge Dibble decided the following case
in the following words:
State of Louisiana ex rel William George
ct al. VS.. James Graham, State Auditor;
State OF Louisiana ex rel. Jack Wharton vs..
james Graham, Auditor.-The act to pro-
vide revenue for the State TACT No. IL of
1877 allows to each assessor in thecity Of
New Orleans payment OF $4,000 in ad-
vance of his fees, one-Lalf on the first of
July.
This advance is to the officers individu-
ally, and not to them as board. Each as
SCISSOR can claim his warrant for himself.
William George, II. Heidenhain, j..
Mansion, II. L. Rey aud j. J. Guttierez,
claiming to be State assessors for the city
of New Orleans, apply for the writ OF man
damus to compel the Auditor to issue to
each of them warrant for $1,000, in pay
ment of the first installment of the advance
allowed the assessors as aforesaid. The
petition contains the usual necessary ALE
cations. The Attorney General answers
that the REALTORS are not assessors tor the
city of New Orleans, and are not entitled to
the compensation claimed.
Jack Wharton, claiming TO be State
assessor for the city of New Orleans, ap-
plies for the writ Of mandamus to compel
the issuance to him of warrant for
similar advance. Wharton. together with
G. w. Ringgolds II. II. Harris, Il. P.
Blanchard and j. w. Fairfax have been ap-
pointed assessors vice the REALTORS in the
+ other suit.
The Attorney General, for return, makes
a general denial. The two suits have been
consolidated. Counsel for George and his
associates insists that the proceedings Of
Wharton should be dismissed, because the
assessors can only act as board. But. as
already stated, the compensation allowed is
to the officers individually, and each can
claim his pay for himself
In order to determine WHO Of these rela-
tors are entitled to have the advance COM
peusation, it is necessary 20 decide upon
their respective rights to the public offices
they severally claim. A specia. and sum-
mary form of action has been provided by
law for the determination of all contests
for office.
The right to an Office can not be deter
mined upon an application for the writ of
mandamus. lS Mich, 1873, Sternberg vs.. Lee
garde, 81 An, lS, State ex rel Hero VS.. Pr
tot, 81 An, 1856. In the last case the Su-
preme Court refused to determine the right
Of the relator to have possession Of certain
records, because to decide the issue involved
the necessity of determining his right to an
Office.
1t seems to me that when, in a case
where a person seeks by mandamus to COM
pei the payment of a salary for public
officer, the respondent answers that an
other person is claiming the Office and
salary, the court should refuse the writ I'M
til the contest for the office can 0e deter
mined.
A suit has been brought in this court
under the intrusion in Office act for the set
tlement of the contest between these gen.
eral REALTORS. Their respective rights to
the fees of the Offices must be decided in
that action. Let both writs of mandamus
be refused.
In the case of William George and the
old board OF assessors VS. Jack Wharton
and the new board, j. 3. Howard, counsel
tor Wharton ct al. has flied answer, alleg-
ing, among other grounds of dismissal,
that the petition shows On its face that Viii
liam George and the old board were out of
Office on the third Monday OF February,
1872. and especially on the twenty ninth of
February, 1872, the day OF adjournment of
the Legislature. Because the salt can serve
no other purpose than to harrass and annoy
W barton ct Ais.