The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-16
AFTER HAWKINS.
How he Decides a Case Against Corpora.
tiOn Because they Employa
Rebel Lawye:.
An Interesting Petit,Ons

11aWklnS, Judge 81 Tue superior DlSlIict
Court, and Others, IN which the outrageous
course Of that Judge in the case Of T. G. Ma.
han vs. the Directors Of the Loan and Pledge
Association, is thoroughly exposed. His ac-
ton in closing up the Association was regarded
as most unwarrantable at the time, but the
language Of Hawkins to Benton, stating that
It was because he had employed rebel law
yer, gives US a clue to his course.
10 the Honorable the Judge of the Circuit Cour.
Of the United States in and for the District OF
Louisiana
The petition OF Edward B. Benton, a citi-
gen and resident of the State of Mississippi.
respectfully represents that Jacob Hawkins,
Domenic Urban and Richard H. Wood, ali
citizens Of the State Of Louisiana, and resi-
dents Of the city Of New Orleans, are indebted
~ solilo to your petitioner in the full sum of
tifty thousand dollars with interest from legal
demand for this:
That on the 18th day Of September, 1873,
he was the owner Of one thousand shares Of
the capital stock Of the Loan and Pledge As
ISOLATION of New Orleans, a corporation or
ganiZed and doing business in the CITY Of
New Orleans, under a charter from tie Legis-
lature OF the State of Louisiana, and engaged
in the business OF loaning money on pledges
OF personal property. The value of sad one
thousand shares being fifty thousand d,llars
Represents that said associ alton was trans
acting profitable business, under itschar-
ter, to the extent Of 100000 year, with
clear profit OF $4,000 year. That il had
a good will worth $4,000. and peraonal
effects, in Office furniture safes, books, etc.,
worth $1,000.
The petitioner further represents, tina, at
the date mentioned he was the president OF
said Association at anannual salary Of $3.50.
Now your petitioner represents that on tie
18th day OF September, 1873. Mr. +. Z.
Mahan. of New Orleans, instituted Il suit il
The Fourth District Court parish OF Orleans,
subsequently transferred to the Superior Dis
trct Court, parish Orleans against the direc-
tors Of said association, for damages claimed
to have been suti .red by said Mahan result
lrg from the alleged wrongful conduct Of
soid directors, and prayed in compensation
therefor damages 70 the amount OF SPOON,
in soii,lo against each Of the said directors;
and no claim whatever was set up by the sal q
plaintiff against the Loan and Pledge Associ-
alton; and if Judgment had been rendered in
said suit Of the said Mahan. or if judgment
had been confirmed on default Of said direc-
tors to answer, the said Superior District
Court could have rendered judgment in favor
OF the. said Mahan and against said directors
Ia soliIo individually, only to the extent OF
the $50, 600 claimed, and could not have rem
dcred any judgment against the said Loan
and Pledge Association. as 20 judi 2ment was
asked against said association by the said
Mahan.
Represents tina. on the 18th day Of January,
1874. said Mahan. illegally combining and
contederating viii the said Jacob Hawkins,
Judge of the said superior District Court,
and with the said d. rban and the said l..
H. Wood, procured from the said Hawkins
IN order for the seizure Of said Loan and
Pledge Association, and the appointment OF
said d. Urban as receiver thereof; that under
said order the said D. Urban took possession
OF the Loan and Pledge Association; closed
its doors; suspended all its business, and i'm
mediately proceeded, through the public
newspapers of New Orleans. to announce him
self as engaged in winding up its atf.irs
Represents that petitioner. as President OF
the Loan and Pledge Association, and in de-
Tense OF its interests. applied to said court
for permission to bond said seizure, rs under
the law Of Louisiana he had the legal right
TO do and us the said Jacob Hawkins, as
Judge, was bound to permit.
Represents that said Hawkins, to prevent
che said association from enjoying the legal
right secured by law to all the defendants, OF
releasing provisional seizure by executing a
bond sufficient IN amount to cover the claim
,of the plaintiff in the suit in which said pro-
Sisonal seizure is issued, refused to allow
said Loan and Pledge Associationt to bond said
seizure save on its executing bond in the
sum Of 100000, although said suit only
claimed $40, 900; although no Judgment was
asked against said association; although it
was no party to the suit, and although, II
there had been a Judgment against said asso-
citation had one been asked, the highest bond
s.lAt could have been required to take an ap-
peal to the Supreme Court in the State q
Louisiana, and suspend its execution, would
have been only $4,000
Represents that petitioner, in his represen-
taiiye capacity aforesaid, applied to the SUI
preme Court of the State for a mandamus to
compel the said Hawkins to fix bond in &C
cordance with the law, but that tribunal de
cided it could not act in the premises at that
stage of the cause, and petitioner was LETT
without legal remedy to secure his rights IN
his representative and individual capacity, from
= Judge whose acts showed determination to
.leny petitioner all rights whatever.
Represents that said association could
not give said bond OF 100000, as the
said Hawkins well knew at the time
jae fixed said bond at that enormous
figure and the same was fixed SO far be-
vond the capacity of said association to give
Tor the sole and express purpose of preventing
A release Of said seizure, and that the said
Urban might enjoy the benefits resulting from
acting as receiver aforesaid. and that said
ASSOCIATION might be ruined and its bushes,
transferred to the said Wood.
Represents that the said Urban continued
in possession OF the property Of said Associa
ton from the 9Th day OF Jan 'ary, 1874, to the
18th day Of March, 1874, keeping the doors
Of said association closed during that time
i. that he advertised the sale OF the pledges
,;l association in the neWSpaperS Of New
Orleans. and accordingly sold them at public
auction. That during that time he complete
ly destroyed the business OF said ASSOCIATION
and turned over its affairs in such CONDITION
as they then were. to said 4. II. Wood, am
transferred all OF its customers ana Dusines
to the said Wood. That during this time
the said Urban not only acted as receiver Q
the said association. and controlled its pro
perty in such way, as he saw proper
but kept possession Of all the prlvat
papers, family letters. memoranda, receipts
- nat. nd M1SDnl