New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-23
THE COURTS.
limited State. Dis,ric, Court.

Emitted States District Court.
J. Oscar Nixon was admitted 70 practice
IN this court.
United States Circuit COnr:.
Motions for stay of Judgment and new
trial in the case of G. "A Bailey we're re
fused.
Superior Districs CoEsI.
Mr.. H. s. Ball VS.. p. 6. Derlonde. - Tie
;njunctios in This case was dissolved.
State Of louisiana Us. " GeroS az
New trial granted.
A. Curry has filed al application for &C
Injunction upon the state Auditor. He
claims to be the holder OF thirty three leg.
jslative warrants, amounting in the aggrso
gate TO S3Si2. which the AuuItor refuses ia
receive on the ground chat the appropr,a-
tor i. exhausted. This relator does DC:
believe. and therefore wishes 20 restrain
the Auditor from settling other claims MI
his are recognized, and asks an Injunction
oertdellts lite agains, the .iuditu: settLEc
any claims at all.
In the case Of Albert Flanacar "a. Tho
Administrator Of Finance, Judge Hawkins
held that no process can issue FROM th,n
court 20 compel the execution OF - iuGg.
meHt against the treasurer Of The scho0'
board, that the payment from the treasury
must be made according 20 the revenue law.
II the order in which the debts accrue.
-
must be made ont of the revenues Of 1875,
and all claims for services in previous years
can De paid only NUt OF the revenues 10:
such years.
Hernandez 81. Clins0n-in III. eass
Judge D!bble has discontinued his applica-
ton TOT supplemental injunction 10 restrain
the State Treasurer from making apy dig.
tnctiUn III the reception of warrants.
In the case Of the State OF Louisiana N
re-. y eu)iuratjOn vs.
ct al. Judge Hawkins has rendered the tQI.
lowing decision:
Plaintiffs, the hoa.,l Of emigration drinr
suit against the defendant Brandt, as mas
ter OF the German steamer SaxOnia and
Rupert IL Co. agents and eansicnees OF
said vessel in New o. leans, to compel them
to comply with actions l722 and 1923 of the
Revised Statutes of 1870, the first of which
requires tho master GT commander of such
vessel TO report to the board of emigration
II writing within tWenty-fOur hours the
name, place Of birth, last legal residence,
etc, OF all passengers who have arrived ON
the vessel.
Section 1923 requires the owner OF cor.
signee of such vessel 20 give several bond
III the sum Of $500 for each passenger go 70.
ported, secured by persons owning real e..
tate and residing in the State of Louisiana,
which shall continue for FIVE years. The
reports appear by the evidence 70 have
been made, though not technically in com.
pliance with the terms of the law, vet its
provisions seem to have been substantially
with.
The question OF the giving OF the bonds
urged by the defendant can not be enforced.
because the law which authorizes their ex.
ecutiOn as merely directory, and is without
penalties Cor its nou-obserVance. law
without any penalties is merely directory,
amt u Judgment rendered upon u would
have no more force or effect than the law
itself. This statute directs the giving o.
the bonds. but it atiiNes no penalty 70 . re-
.usai. IL is. therefore, imperative.
This view Of the case renders it unneees.
sary 20 examine the many constitutional
questions 80 ably argued by counse! OF boiP
sides. Judgment Tor defendant.