New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-08
THE COURTS.
United States Circuit Court.

THE little cOlOred boy, James Buchanan,
was tried yesterday before jury on the
eharge of stealing valuable money letter
from the mail. The accused was mail
carrier between two country POSSIBILITIES. and
was the victim of decoy letter, placed in
the bag by d designing special agent. The
defendant is only sixteen years old. His
s'peers" had retired for consultation. and
no verdict had been rendered up - iouT
O'Clock.
The only case heard Yesterday N this
court was that OF William +. Higgins.
claiming damages against the New Orleans,
Mobile and Texas Railroad Company N
5he sum OF $4,000 for personal injuries
sustained by him in i railroad ca5n&l'y
some time ago. The lnIy retIed' an" h""
not returned at four o'clock.
State of Louisiana VS.. l.. +. Lemarle =
Attorney General Field fled sGit n THIS
court Yesterday against the former tax col
hector of the Second District o TINS G,tF
and his bondsman, for tho sulA OF =" ,Vo-.
the amount OF taxes collected DY MIN N
1877. which he has failed 20 turn over 20 ne
Auditor Of the State Case hxeG ioF MON
Gav. the seventeenth instant.
The following important petition was
lled Yesterday by Judge D;bb!e. attorney
TOR plaintiffs, ,,.,,.,
fsadore Newman and Moore. Janney a.
Hyams, a commercial firm composed o.
Robert MooreS Thomas Jannoy, =. II.
Hyams, all of the city OF Ne" O!I7"l4S'
respectfully represents
That they are large holders 81 seoNrite5
nj the State, and are especially owners
and holders of warrants drawn Dy the
Auditor OF Public Accounts upon the
Treasurer to an amount o. more than $-Oo.-
900.
Petitioners show that the recent session OF
the General Assembly enacted law. being
No. %. and entitled an act making al ap
preparation of the sum Of S27O,OOO. or as
much thereof az may De necessary. for the
payment Of the mileage and per
diem Of the members, officers and
employees of the General Assembly and the
contingent expenses thereof. establishing a
ratio at which warrants shall be dlsDursed.
and the manner Of disbursing the same.
which said act Was not signed Dv the Gov
ernOr of the State, but which SAID act be-
came a law by limitation on the sixth day
of March, instant, and was prOmulg ted &C
aordingly. Petitioners show that section
<hree of the said act authorizes and directs
that the chairman Of the Committee on Con
Singent Expenses OF the House and the
chairman OF the committee on auditing and
supervising the accounts Of the Senate Issue
certificates TO the officers, members and
employees of the General Assembly y, and fer
all contingent expenses 70 the amount OF
:birtv per cent in addition 20 the amount
allowed such members. officers and en-
9loyes by the constitution anu Laws .! the
State.
Petitioners now aver and show that tie
said provisions Of the said section OF the
said law are absolutely null. void and of no
effect IN this that article thlrty-m OF 'he
constitution OF the State likes the cOmpeH-
station of the members of the Legislature a:
She sum Of eight dollars per day, and pro
Ainits any increase OF such compensation
which shall take effect during the service OF
the House by which such alteration sinai.
se made.
Petitioners further show that the said
provision of the said sections OF the said
law is absolutely null and void, because il
was enacted in violation otartlcle one hun
bred and fourteen of the constitution OF The
State, which requires that every law shall
express its object in the title. Petitioners
show that the title hereinbefore set forth
contains no reference whatever u tho
gratuity which the body of the act proposes
to give TO the members, officers and en-
ployes of the Legislature, and 70 other
persons.
Petitioners still further show AMI a7el
that the said provision of the said section
OF the said act is unconstitutional and void
DtGdlES IL Is u mere 'lLudltUA ~ Ctl bti3l
persona and IS an act ia excess of the Ieg,s
iative power vested in the General Assem-
oily. II so being a donation il is an increase
Of the public debt il violation OF the
amendment to the cons ttutiOn limiting he
debt Of the State TO $4,000, OOe
Now your petitioners show that i the
said law is executed and the SAID additional
warrants are issued and thrown upon the
market. il Will deprec.ate the value OF other
y,
n payment Of the salaries of public Officers
end for other legal purposes. Petit.onor-
show that they will then be greatly .niured
Sni % he amour: -. !nang t.0Gs.a!, o:
cellars.
Petitioners fur.he. show :hat :he sid a.,
frO.Iies that :he committees herein before
canned. through their chairman. shall: .s"u,
certificates for such unconstitutional excess
and that the Auditor Of Public Accounts i
requested 20 ,ssue his warrants upon 'ht
Treasurer based upon such certificate
Petitioners show shat accordingly the Al
slitor is unable to distinguish between :hs
said illegal and 'IncOnst.tutiOna! appropr,a
. aion in said oct and the appropriation
switch may be valid.
Petitioners finally SHOW tina: they have
40 security against the injury which n.
unconstitutional issuance OF such warrant
will infict upon them. except by the wri
SIC Accounts from so violating the cOnstitu
zion, to the prejudice and injury Oh getI
:ioners.
Wherefore, the premises. the annexed
bond and affidavit being considered. peti
:iOners pray that this honorable court may
direct that the writ of injunction may ISSUE
against Hon. Charles Clinton. Auditor o
Public Accounts. commanding, enjoininG
and restraining him from issuing any war
:ants under the act No. 3S of 1873. which
became d law on the sixth day of March
1873; that he may be G. ted. and that ne may
50 remain enioined unr! the further O.deI
VI this court.
Petitioners further pray that aftorail iu'
proceedings had sad injunction may 10
made perpetual. and :hey finally pray TO
costs and Tor all such further and genera
:ei.et as the exigeIcies of the case deman'
a" the law warrants. and the petitioner
will continue 20 pray as in duty bound.
The petition - sworn 10 before W. L
Swans. second justice Of tie peace, and tn
following order issued by the court:
Let u writ o. injunction issue as within
;,rayed for and according to Jaw. uppr
plaintiffs gsing bond in the sun. oi SlO.0tC
conditioned a the law directs.
JACOB HAWKINS. Jli.e.
Second District Court.
The succession ~ Louis GVn.'e: Ia
been opened III this court.
Other Courts.
Business unusually duh.