The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-08-23
THE MARKET WAR.
THE CONTEST AS 1T STANDS NOW.
WHAT WILL BE THE NEXT MOVE

| 1t may have been an ordn Try case when
first institu ed, but its nature and the issues
involved have changed considerably
| The question has resolved itself down into
| one of might VS.. law, not to say right.
On the one side there is Turnbull backed
up " the police, and pushed forward and sus-
tanned bv Kellogg; and on the other side, are
the orders of the Superior District Court, to
annul and set aside which the might above de-
tailed is arrayed.
The part kellogg has played in the business
has been no small one. When Turlbull was
brought up the fist time, some days ago for
violating the injunction, and was sentenced
for contempt, Kellogg pardoned him
When Turnbull was brought up tor the
second time on Friday last for violating the
injunction, and was sentenced fer contempt
Kellogg pardoned him again. When it became
known that Sheriff Dick intended to apply to
the Police Board for q posse, Kellogg saw the
board and gave instructions that the applica-
ton should be refused, and when the Board
acting on the advice of their counsel, disre-
g riding Kelogg's injunction, determined to
detail the men, Kellogg saw them again. and
the result of this last interview is made evil
dent in the following correspondence:
AUGUST q, 1874
Gen. A. $. Badger, Superintendent Metropolitan
Police.
will require the detail of twenty-five police
men to assist me III en- orcing the process for the
superior District Court tomorrow morning at
| ar 1 no (plrt tk,1iff
Very respectfully, your obedient servant,
T. F. DICK
Deputy Sheriff and Acting Sheriff.
To Sheriff Dick
have received copy of the resolution Of the
Board resembling the resolution Of this morning.
relative to that detail.
A. s. BADGER. Supt. VI. p.
AraUsr 81.
J. F. Dick, Chief Deputy and Acting sheriff,
parish of Orleans:
ST. have the honor to inform YOU that at
meeting of the Board of Metropolitan Police,
held this evening, the following resolution was
adopted, VIZ:
'Ihat the action Of the Board this day order
ing the superintendent to furnish detail of
twenty-five men to Chief Deputy and Acting
Sheriff Dick be reconsidered."
BY older OF the Board: +. BAk:I.
Chief Clerk NJ. F.
munication containing the following resolu-
ton:
Resoirea. That the Board Of Metropolitan
Police respectfully decre to comply with the
request OF J. f. Dick, Chief Deputy and acting
tional force to assist in executing the process of
the Superior District Court in the suit Of B.
Bernchon and others VS.. 3. NJ. Turnbull. id-
minist, ator of Commerce, No. 26 III of the SUI
peripr District Court for the parish of Orleans,
and that Chief Deputy Sheriff Dick be furnished
with copy OF this resolution.
On the receipt of this it is Obvious it be-
me the duty of the acting Sheriff to imlne-
.tiately summon
A POSSE CoMITATUs,
and the reason this duty was not performed is
Sc forth in il statement by Mr.. Dick. whom
our reporter saw yesterday, which is in sub
stance as follows:
After the receipt of the communication on
Friday. from the Board, notifying M Dick
that the order to Badger for the detail had
been rescinded, Kellogg put in an appearance,
and asked him if he had received the notiti-
cation, and on Mr.. Dick answering in the
affirmative, kellogg said that he (Kellogg) had
seen Judge Hawkins, and that the whole
matter had been arranged so that there would
be no further trouble.
On this Mr.. Dick called on Hawkins and
stated that the order of the Board detailing
the twenty-five men had been rescinded and
the detail refused.
Hawkins reply to the statement was:
''Well. all you have to do now is to return
your writ Mr. Dick then asked at what
hour he could meet him (Hawkns) to submit
his return. Hawkins said that he had moth
ing to do with that; that his Dicks return
should be filed with the clerk
On yesterday morning Mr.. Dick again called
at the office Of Hawkins and was me by him
(Hawkins) with a statement that he {Dick) had
misunderstood the instructions given him
that he (H iwllns), when he ordered return,
ordered it only on the capids for Turnbull, and
the ordered Dick to retain tie wit until fur
Their steps Ivy attorneys for plaintiffs had been
taken Mr. Dick differed with Hawkins and
on leaving the office to satisfy himself in
quired of Nh. Jno, Burke Clerk of the Court,
who was present when Hawkins gave his in
structious to Mr.. Dick, to know if the order
had not been to make g return on the writ,
enforcing the injunction, and Mr.. Burkes
answer Was, that that was the order.
After leaving MI. Dick our reporter made IL
call on Judge Hawkins, and after short con-
versation asked him: "Did you order Mr.
Dick to return the writ into COURT" His re-
ply was, ~ could not and did not
Now All offset to this denial of Hawkins
is the
RETURN OF SHERIFF DICK
on the writ which was to be by him officially
filed yesterday morning, and which Sheriff
Dick says would have been filed had Hawkins
net ordered the retention of the writ.
Received the within order of court marked A.
together with copy Of supplemental = titio;l
marked b. on the 18th day of August. 1874. At
the hour Of $50 T. NJ, and on the same day
proceeded to make preparations to execute the
same, Oh the morning Of the 18th, of the same
month, at the place OF business OF T. Berniclon, !
corner Of Cont and bourbon streets, t!s name
OF said Berlichon being the only one mentioned
In the said order and petition. At the hour Of
about A. NJ. 18th Of August, said order was
stayed by consent and order Of said Bernichon
so far as he WAS concerned.
On the same day order marked G was received
and orders given that the same should be exc
cuted at the place OF business of any of the
plaintiffs therein mentioned, and that the selec-
ton OF said place be left to the discretion of the
Sheriff.
Whereupon that of Jules I.emoine, plain |
tiff in Slllt No. -, Oh Old Jeyee between Bar !