New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-10
COURT RECORD.
TUESDAY, JUNE 8, 1874.

Assistant Attorney General Dibble filed
a motion ordering certain delinquent tax
PAYERS to show cause on Wednesday, June
IL, why they should not be punished for
contempt of court. Order issued.
Superior Criminal Court.
SENTENCED.
Madison Lewis-Burylary and larceny,
on the fifth of May, at the store of Mrs.
Christine Baker, Aigiers; seven years Peni-
tentiary for burglary AID three years addi-
tional Tor larceny. >
ISFORMAriOSS FILED.
Elijah Brown and John Jacobs-Break-
ing and entering. etc, aud grand larceny.
ON TRIAL.
State Vs. Edward Coleman and Patrick
Dowiing-Murder and accessory before the
fact.
First D:sirict Court.
PLEADED GUILTY.
Mary Jane Burke-Assault aud battery.
J. B. Nickols-Assauir and battery.
PLEADED NOT GUILTY.
Mary Armstrong, Randall Taylor, Sylves-
ter Harrison, Alice Williams-Assault and
battery, larceny, etc.
Emma Williams and Alice Lub:n-Lar-
ceny.
Henry Johnson-Maliciously disturbing
peaceful assembly.
YERDICTs
Mike Gallagher, alias Bsooiay, entering,
etc.-Guilty of larceny.
John Hicks, wounding less tnan mayhem
Not guilty.
Lucy Washington and Sarah Roam, as
sault and battery-Guilty.
Kaper Jordan, larceny-Guilty.
Mrs. Vose, assault and battery-Not
guilty. ..
guilty.
intent to kill-Guilty of simple assault.
INFORMATION FILED.
LarcenyLA. Brown, J. Kuefner, P. Corn
masky.
Assault and battery-Jacaues Bordeaux,
Leon Roche, Ant. Robertson, Mary Malone,
w. Buthngal ct al, Daniel Jackson, s. B.
Riehm, Mathilde George.
Assault-Mrs. Albert.
Assault with dangerous weapon-George
Pryor, Willis Payton. --
NoLLE PRosEoUI. -
Robbery from person-H. w. Allen.
SENTENCED.
Louis Carriere-Assault and battery; s.
| or one days Parish Prison.
Eugene Washington. alias Caillou-Lar-
| ceny; eighteen months Peniuentiary.
Mary JOnes-Assault and battery; s.
| or - days Parish Prison mot properly
| entered on the minutes).
Fifth Districr Court.
In the following cases Judgment for plain
tiff was rendered by default:
Louis Schiele & Co. vs. Nine. G. Boumard
| ct al.
| F. Del Boadio Va. New Orleans Mutual
| Insurance Association ct al.
| ChorJaS Gala uhnr HuUh Cassidy pt AL
| A. A. De Duisson vs. Hugh Cassidy.
| Edwin Harris, tutor, vs. J. Mathers ct al.
Alfred Marchand Va. s. n. Burbank.
| Mitchell & Rammelsberg Furniture Com
pany vs.. Alex Walker.
J. T. Michel vs. ZerilIa Meyers ct al
| Suspenslye appeal to Supreme Court grant
ed to plaintiff, returnable first Monday in
| November.
Joseph Bilgery vs. Jacob Schnell ct al
| In accordance with decree of Supreme
| Court. jud gment, as far as defendant. M
Joachim, is regarded, reversed.
j. Nj. Sierra HjO vs.. Hoffman, g. Co.
Motion for new trial dismissed.
John Cockrem, receiver, etc, vs.. Nalslne
| Observation-Disclosures of May y con.
tirmed. giving $2S6 50 and FIVE per cent in
terest from October 4, 1873, and costs Of
suit to plaintiff.
Sixth District Court.
Ferdinand Goldsmith vs. Forcheimer &
Acknowledgment for plaintiff by default
Henry Shepherd, agent, vs. A. Noury.-
Judgment by default for plaintiff.
James Longstreet vs. r. Marsh Denmar
s. Co.-Ex-cle,k Of this court William
Woelper. made party to suit. If WOelpel
has overcharged costs be is to refund.
Supreme Court.
The following decision was rendered OF
the eighteenth ultim0:
State of Louisiana eX rel. Ii. L. w ar
moth vs.. James Graham, Audltor.-Appea
from the Eighth District Court for the par
ish of Orleans.
AMIR. Chief Justice LudeIng delivered th'
opinion of the cOnrt, as follows:
The relator AYERS that his salary as Gov
ernOr of tie State was due him for the pc
RODS from the sixth to the nineteenth o
May, 1871, and from the twenty sixth o
June to the seventeenth of July, 1871; tha
he drew his warrant therefor on the Auditor
of Public Accounts, on September 22, 1871
that payment Of this warrant was refused
on the grounds that the relator was absen
from the State during said periods, and tina
the duties and prerOgatives of Governor de
whom the salary of Governor for eaid pc
riods had been paid. There was judgmen
in favor Of the relator, and the detendan
appealed.
| absence of the Governor from the State TO
a few hours, or few days. create vacanc,
in his office. and authorize the assumption
of the duties, prerogatives and emolument
thereof by the Lieutenant Governor durln:
said absence.
The constitutional provisions on the sub
iect are contained in articles tifty-three ant
ffty-four of the constitution. Article fifty
three says:
"In case of Impeachment of the Governor
his removal from office, death. refusal or in
ability to qualify or to dischare the power
and duties of his Office, resignation, or ab
sence from the State, the powers and dutie
| of the office shall Geyolve upon the Lieu
tenant Governor for the residue of tn
term. or until the Governor, absent or i'm
peached, shall return or be acquitted, o
| the disability be removed" etc.
Article ffty-four declares that the office
Gischarging the duties of Governor during
his administration shall receive the compen
sation to which the Governor would hav
been entitled to. 1t is evident, If tn
Lieutenant Governor be authorized t
exercise the functions of the Goyerno
during any temporary absence of the Gov
ernor from the State, he may also, when
ever the Governor is unable to attend to tn
| duties of bis Office on account of sickness
r. Il prs.1 of inability to discharge the pow
duties of his office" We do not be
ted in the 10 be the meaning intended b.
above tto &c. amers of the constitution. The in
he "a afore. to discharge the duties of the Offic
nber two. ii as the absence from the St2u
hirty feet of in the article are such a5 WoulI
Id twenty ::;o-sI- 81 a nnhI;o i,taraata Tb
iaes. To- ID JufiooSiy ,no PuD.io III
aments on ABSENCE at fass CnFlStIan, wItuiu
les. pr,vi. ,urs run of the capital could not, b
% belong ,ssbility, affect the. public interests
"a phernal7 ls tne aoeenco VI tuo UoVS Sinoi W
ms of the aimed! IL 10 MANIFEST tnat uneEe ouSl
widow Of some certain proof, accessible to th