New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-20

MONDAY, OCTOBER Is, 1874.
United states supreme Court.

United states supreme Court.
The following case was argued on the
thirteenth instant:
No. ). City of New Orleans vs. the New
York Mail Steamship Company.-Appeal
from the Circuit Court for the eastern dis
trict of Louisiana.-This was An action to
restrain the city from removing the build
ings on wharf occupied by the company
under a lease from the city executed by
Acting Mayor Kennedy, who was appointed
by the military authorities after the capture
OF New Orleans. The city urged that the
lease was good only while the military held
occupation, and was void as against subse-
quenJ civil administration. The military
Mayor and boards had no authority to lease
the property of the city. Whatever rights
or powers they possessed terminated
with the close Of hostilities. and they
could no more create al interest to
last beyond that time than could tenant
for years create one to last beyond his
term. On the other hand, it was insisted
that the government established in New
Orleans after the capture, continued until
withdrawn or suspended by the sovereign
power, and that SO long as the State of
Louisiana was not restored to the Union,
and it's citizens were not relieved from their
disabilities, the officers and authorities es
tablished by the sovereign power of the
United States were the lawful and only
government of the State and city. The
leasing was in accordance with the ad
mitted practice Of the city during all it's
history. and it was an act wise and bene.
fetal for the promotion OF commerce, as
we'll rs such an act as the city government
was accustomed to do. The wharf and
buildings Of company controlling one
fifth of the commerce OF the city could not
be declared nuisance by the city authors
ties and removed at will. The court be-
low sustained this view Of the steamship
company. and the decree was in its favor.
The city appealed TO this court. where the
questions presented we're now argued.
Superior Criminal Court.
GRAND JURY.
Judge AtOcha opened court by charging
The new grand jury on their duties, and the
matters which would probably come be.
fore them, after which they retired to de.
liberate.
1NvORMATfONS FILED.
Carrying concealed weapon.--Thcmas
Adds. Henry Lockett.
Robbery-Wllliam Foster.
vERDICTs.
Assault with dangerous ~earon-Dan
Prophet. Not guilty.
Observation-Disclosures Berry. indicted
for killing his wife. Not guilty.
SENTENCED.
Dan Prophet-Plea Of guilty Of carrying
concealed weapon. In consideration that
the accused had been in the Parish Prison
since June %, the sentence was only one
hour additional.
First District Court.
lNFORMATIONS FILED.
Assault and battery-Julia Burke. Au.
gust Wachter. Nick Turner. Henry jackson.
PLEADED GUILTY.
Petty 1arceny-Joe Kelly.
SoLLE PRosEQUI ENTERED.
Petty larceny-Horace Blakeley.
Petty 1arceny-Emanuel Watkins. guilty.
Assault and battery-Charles SAGE, Louis
Courtaro. not guilty.
SENTENCED.
Assault and Undergraduates Chaplain.
Adeline Hall. $40 fine each.
Second District Court.
SUGGESTIONS Of Henry Craw aud Eliza
Collins, his wife. and Mrs. Josephine G..
Weed opened.
Mary c. Gr1neman prays to be euanci.
pated.
Fourth District Court.
Judge Lynoh opened court tor the trial Of
rules.
Sixth District Court.
Judge Saucier. Of the Sixth District Court.
has returned from the North, looking much
improved by his trim.