New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-05
COURT RECORD,
SATURDAY, APRIL 4, 1874.
United States Circuit Court,

James NJ. Barclay vs.. Board of Levee
CommissiOners.-Orl Tered, that after the
first day Of December. 1874, the marshal
Of this court do proceed to levy, assess and
| collect the levee tax authorized by the
act OF the Legislature approved March Is,
1858, entitled an act to amend an act en-
titled an act to amend an act forming a
levee district. to be composed of the
parishes of Carroll, Madison and Cata-
hOula, and for the better protection
OF the same from inundation, to wit:
Ten cents on each and every acre
of alluviu lands situated in the base of the
hills west Of Bayou Macon and the levees
on the Mississippi river, in the parish of
Carroll, and between the levees on the
Mississippi river and the western boundary
of the parish Of Madison, and 300 per cent
on the State and mill tax on all property
assessed by the State of Louisiana in said
levee district, except lands. the same being
an annual ad valOrem tax, as authorized by
said statute. to pay the judgment for debt,
interest and costs in this case, as
prayed for in said petition for a man
damus, and in the event said taxes
when so collected by the said marshal
shall be insufficient to pay the said judg.
nent, debt, interest and costs, it is further
ordered that the said marshal shall proceed
to assess and collect the same amount of
taxes during the succeeding year, and SO
from year to year until said Judgment is
paid. Provided, that if the voters OF said
parishes shall elect board of levee CON-
commissioners who shall proceed to collect
the tax and pay the judgment, or the police
juries shall take adequate measures to pay
the judgment, the right is reserved to fur
ther postpone this order.
Superior District Court.
City of New Orleans vs.. Joseph Stafford;
Joseph Stafford vs.. city of New Orleans
These cases came up together, and both
parties submitted testimony showing that
MIR. Stafford was conducting a free market,
had paid license for the same, and had
been notified to close, and the cases were
continued for argument
State VS.. Charles Clinton, Auditor. and
Antoine Dubuclet.-The rule tor contempt
taken by the Attorney General on the Au-
ditor for issuing warrants under act No. SO,
in disobedience of The injunction in this
case, came up. The defendant in rule Of
fered to file an answer, which the court re-
fused to allow, on the ground that it was
not responsive to the petition. The defense
then offered general denial and evidence
in support of it, but the court refused to |
admitit. |
1T was shown that other warrants had |
been issued by the Auditor to country news |
papers on printing contracts. 1t was fur |
ther shown that the Auditor had had q |
with the Attorney General, |
who had told him that it would be unlawful |
to issue any warrants against the appropria- !
tion bill. Judge Hawkins, IN passing on |
the case, declared the warrants null and |
void. The Auditor had been prohibited |
from issuing any warrants under the law.
The Treasurer could not pay them, and it
was contempt Of court to buy or sell or
leal in them in any way. The Auditor
having been guilty OF contempt Of court.
was fined $50.
Mrs. Widow NJ. Fanks vs. Justin Lang
alleges right to a com
non alley and the attempt Of the defend
mt to close it. She asks for an Injunction,
which was issued on bond OF $500.
State VS.. Charles Clinton, Auditor, and
Antoine Dubuclet, Treasurer.-W. c. Mel
in, intervenor, alleges that he is an as
istant engineer. and that his salary for the
.rst quarter Of the year 1874 is enjoined;
hat the reasons alleged by the Attorney
General in his petition for an Injunction do
ot apply to that appropriation, and prays
hat the injunction, so far as it applies to
he salary OF the assistant engineer for Red
lver, be set aside.
Second District Court.
SUGGESTIONS of Thomas Twomey, Joseph
ilber. Joseph Poree and Johanna A. Phil
ps opened.