New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-29
Court Items.

by the presentation in the Fifth District
Court of libel suit There must be some
thing serious about it, not apparent on the
surface, for the clerk received his fee for
filing 1t. Mr.. E. A. Yorke, finding that his
published card provoked no retaliation from
Major Howell, has filed what purports to
be petition to the court for $1,000 Its
first assertion, that the New Orleans Tow
boat Association is in the interest of com
merce, disclOses its humorous nature. The
usual observations of good character follow,
grouping those Of the individuals and that
of the company together.
1t seems rather hard that the moral repu.
tations of the estimable gentlemen com.
posing the company should be forced TO
carry the burden of the abuse heaped on
the corporation, but, as it seems to be all in
fun, it may be all right 1t says that Major
Howell "caused it to be suspected" that the
TOwboat and his associates were guilty of
heinous crimes. The objections to the asso-
citation did not seem to be suspicious when
Captain Burdeau, in the Chamber of Com
merce, fguratively took the hide off of it.
The essay asserts Captain Howell to be the
editor of three newspapers because they
published extracts from what purports 10
be- his official report Wouldn't it be
proper to sue the War Department for re-
ceiving it
Beckett, in speaking Of corporations, says:
''ln addition to natural persons the law, in
honorable imitation of Madame Tussand, of
wax-work notOriety, has constituted certain
artificial persons"
The artificial person in this case objects
to being called Commercial pirates" and
says, both as an association and individuals,
it has been grievously injured.
The mind may be relieved of sympathy
for the suherings of these unfortunate pi
rates by reading another extract from the
learned author of the comic Blackstone:
For though the members may pass their
words, it matters not what they say till the
corporation sealing wax renders it incum-
bent on them to stick to it.
So of course what this petition says of
the members it is only a portion of the
same pleasantly.
The attempt to distinguish between the
unkickable corporation and the indignant
souls of its members suggests some ire
sistible ideas. 1t seems absurd that Major
Howell intended to say that the corpora
tion 'of good reputation individually in
tended to ply sically obstruet the work of the
dredgebOats Imagine for a moment, the
spectacle Of the dignifed Captain York e
personally filing up the channel, carrying
more alluvium to take the place of that re-
moved from the bar plunging under the
surface to inspect the damage done, and
coming up with the yellow water streaming
from his hair and the gulf weed clinging to
his closely cropped whiskers Major Howell
never could have meant that, because Cap
tain Yorke wouldn't do such thing.
1t might be proper to disclaim all inten.
tiOn of injuring the fame OF an able attor-
ney by printing this petition, if it were
not for a third sentence from Beckett. who
is the only author whose utterarces are
serious enough for such a subject:
Though it is actionable to print that
which may iDjure mans reputation, it
does not seem that a printer can have an
action brought against him for printing a
book whereby the reputation of the author
Is seriously damaged.
But this suit was not entirely unexpected
by Major Howell for the following prepara.
tory joke was received by him some days
previous:
No. l3 COMMERCIAL PLACE,
Horember 10, 1878.
Major c. W. Eowell, United States Army
DEAR SIR-In the issue of the New Or
leans REPUBLICAN of November II you have
caused certain statements to be published
which reflect severely on the gentlemen
aiV,,-t tha 70, riN.,, =
city. and which, in my judgment, will sub
Ject you TO heavy damages in the courts.
The matter has been referred to me for
the purpose of instituting legal proceedings
against you, and | address you this note
with the hope that you may arrange the
matter to the satisfaction Of the injured
parties without trouble and expense.
Very respectfully yours,
L. D. CRAIG.
Attorney for Towboat Association.
The extreme kindness of this notification
to walk up 20 the office OF the Towboat AS
sociation and settle, or prepare for the
wrath to come, was duly appreciated by
Major Howell, as appears by the following
letter. which closed the correspondence:
uNITED STATES ENGINsER's OgFlcE,l /
New Orleans, November lS, 1873. !
E. D. Craig attorney of Towboat Association, No.
10 Commercial Place:
DEAR SIR-Your note of this date duly
received.
In answer, l have first to thank YOU for
your personal expression of hope that
may be able to arrange the matter to the
satisfaction of the injured parties, without
trouble and expense.
Next to express my opinion that it can
be best settled by the legal proceedings
you have been directed to institute.
Very respectfully, yours, etc,
c. w. HOWELL,
Captain of Engineers, U. S. A.
If the case should ever come to trial the
evidence will probably be more to the point