New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-22
COURT RECORD.
FRIDAY, AUGUST 81, 1874.
Suuerior District Court.

State ex rel. B. Bernichau ct ais. vs.. B.
M. Turnhull ct als.-On motion of counsel
for the several plaintiffs in the aforesaid
cases, and on showing to the court that NJ. B.
Turnbull is actively violating the injunc-
tions issued in these different cases, and is
constantly vexing, harrassing and oppress-
ing the several plaintiffs in Injunction, clos
ing their establishments by violence, and
obstructing the course of justice and arrest
ing and keeping in custody the sheriff in
trusted with the execution Of the order of
the court, it is ordered that an attachment
issue, returnable forthwith, why he should
not be punished for contempt Of the au-
thorIty of this court, and fined and lmpris.
oned during ten days, according to article
308, Code of Practice. or until he shall
signify his obedience to the authority of
this court.
At half.past two the sheriff appeared
with Mr.. Turnbull and court was opened.
Assistant City Attorney Lewis, by con-
sent, made verbal return, setting up his
former answer.
Deputy Sheriff Dick testified to the in
terferance of the Administrator and pre-
yention of the execution OF the order of
court.
Mr.. Shaw, for plaintiff. argued that the
evidence showed a continual contempt and
intention to disobey the orders of the
court, Notwithstanding the previous arrest.
He moved the seyerest punishment be i'm
posed.
Judge Hawkins said the contempt was
evident and the dignity Of the court must
be preserved. An order had been issued
Oh the seventeenth instant and had been
repeatedly disObeyed. He accordingly is
sued the following order to the sheriff:
"You are hereby commanded in the name
of the State of Louisiana and of the Supe-
rior District Court for the parish of Or.
leans, to take into your custody the body
of B. M. Turnbull, Administrator of Com
merce, and contne him in the Parish Prison
for the space of ten days"
1t was further ordered that he pay fine
of $50.
The following petition was filed:
Poiteyent g. Favre vs. Board of Health
of New Orleans.
Petition sets forth that plaintiffs are lum-
ber dealers of Pearlington, Mississippi,
owning several vessels which make regular
trips to New Orleans; that one of them, the
Lily Schmidt, arrived August IA at Rigolets
quarantine station; that she was submitted
to the inspection of the physician and found
in good condition: that the officer refused
a certificate unless certain illegal fees were
paid; that these fees were refused and the
vessel came to the New basin without a
CCICluCdtc, lu6l luC ohOAiAA W OANOA VI oAC
Board of Health returned her to Rigolets
station August l6. That these proceedings
are gross violation of the quarantine laws,
and caused damage for which plaintiffs re-
serve thef gnt to recover
That these cOercive proceedings under
acts Nos. 1886 of 1855, and 1853 Of 1870 (R. S.
590) are illegal the law giving no such fees;
that the board threatens to seize plaintiffs
other vessels; that these laws are in violation
of the constitution of United States. Articles
one and six respecting regulations of COM
merce, of section ten, that no State shall
lay a duty on tonnage; of paragraph six
section nine, that no preference shall be
given to ports of different States; that there
is no disease at Pennington; that plaintiffs
have for four years paid fees amounting to
$3.50 and pray judgment for that amount.
Injunction issued on bond OF $500, re.
straining defendants from seiziug or inter.
fering with plaintiffs vessels, or collecting
fees.
First District Court.
SENTENCED.
Assault and battery-Add Morton, two
charges; $40 on the first, and S5 on the
second; Peter Hubsch, $3.50; Lizzie John
son, $40; Emile Bognin, S..
Fifth District Court.
Fred Roth VS.. Charles Martens.-Sait fol
$l20, alleging departure from the State
and PRAYING writ of sequestration and
arrest. Order issued by Judge Tis s0t, in
place of Judge CullOm, absent