New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-01
THE COURTS.

In the Third District Court All Pack, All
Houpg. Lee Gan. Gen HOuen, Carr WOen,
Lee Hee, Hong Keay, All Poo, An Hong.
All Thee, Kram Sing, Tho0 Keng, Lee
Chez All Hee, are the musical names OF
fourteen John Cinnamon who have sued
Flung Chong Wing & Co. to recover for al
legged services rendered in manufacturing
cigars for the said firm.
Eighth District Court.
John Dubarry and Louis Barthet have
entered suit IN this court alleging that
they are butchers in the St. Mary's market
where they have carried on the business
for years; that on the thirtieth Of March,
1871, the city Of New Orleans passed the
ordinance No. 1871. entitled can ordinance
for the governmental markets in the city
of New Orleans, and providing for the sale
Of the revenue thereof" The first section
requires the sale by public auction of the
monthly revenue or by adjudication by
sealed proposals by the Administrator Of
Commerce. The third section requires of
vendors Of all descriptions to pay daily for
the stalls and stands and privileges, as toll
lows The butchers for stall and block,
twenty-five cents per day
Vendors OF fish, game, vegetables, etc,
so much per foot Of the number Of feet
they occupy. The ordinance further re-
quires payment Of the butchers alone, but
not from vendors of fish, game, etc, dues
or charges as follows: For every beef nine
ty cents per day; for every veal, mutton or
vcnison, twenty-five cents, except when
the fore-quarter Of a veal weighs over
forty pounds to pay the same as beef for
every head of pork weighing 100 pounds
or less twenty-five cents, aud over 100
pounds fifty cents.
The petitioners aver that there are sew
eral free markets in this city selling large
quantities of beef, and which are in no
pul,faaf 10 IA oh hot
such charge is made for vegetables, fruit,
fish, etc, in said markets, and, therefore,
contend that these dues demanded are
tax bearing heavily on the butchers alone,
and destructive of their rights Therefore
they maintain that the tax not being uni
form is illegal and unconstitutional.
They further aver that the markets of the
city are both free from taxation t. the
State Of Louisiana and the United States:
that they are created for the special benefit
of the public providing for the purchase of
absolute necessities at a low price; that
this tax is also. tax upon a necessity, and
that the city of New Orleans has, there
fore, no right to impose such tax upon
such articles.
They also allege that if the tax is not
paid daily they are liable to be dispOssessed
Of their stalls.
They therefore pray for an injunction re-
straining the city of New Orleans, through
its officers or lessces from collecting this
tax, and from dispossessing them of the
use of their stalls and blocks in case of non
payment daily
Judge Emerson, acting in the absence of
Judge Dibble, has ordered the injunction to
Issue.
Tho trial Of Tharpe against Doherty,
contest for the sixth district tax collector
ship under the intrusion act, went on yes
terday before jury, the relator and plain
tiff seeking to turn out the respondent. A
number of witnesses we're called, but "few
chosen" q large proportion of the fifteen
being absent. Testimony was taken during
the day, and the case is not yet submitted
TO the iurY for their verdict.