The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-19
VICKSBURG.
The Military Drive Out Sheriff
Flanagan at the Point Of
the Bayonet.

@V1cKsBURG, Jan. 18.-This morning a squad
OF federal soldiers under charge of Major
Geo. +. Head, the officer in command of the
troops stationed here, acting under orders
from Gen. Emory at New Orleans, entered
the Sherif's Office here with fixed bayonets
and forcibly elected Sheriff A. J. Flanagan.
who was in possession under recent election,
about the validity of which there is a consti-
tutional question. His right to the Office has
not, however, been questioned by any legal
proceedings and the military acted upon
army orders alone, and not in pursuance of
the judgment Of any court.
The Chancery Court was in session in a
| room adjacent to the sheriff's Office, and
Major Head reported his action to Chancel-
lor Hill, the Republican Chancellor, who,
when on the opening of his court two weeks
ago adjourned it until to-day in order to de-
termine what course he would take in refer
ence to the sheriffalty, ard by whom the &C
ton of the military was countenanced, and
seemingly approved.
Sheriff Flanagan also reported the facts to
him, and appealed to the court to protect him
in the discharge of his duties, but was re-
fused.
The members of the bar presented pro-
test against the court allowing and apparent
ly approving military interference with its
officers as violation of all law and destructive
of civil government.
The Chancellor appointed as Sheriff pro
tenn W. H. McGhee, white Republican,
who was deputy to the late negro Sheriff
Crosby, and he was placed in possession of
the Office by Major Head and his soldiers.
1t is understood that orders to do this bust
ness were sent to Major Head by Gov. Ames,
on Saturday but the former refused to obey
until required to do SO by orders direct from
Gen. Emory.
UNITED STATES SUPREME COURT DECISIONS.
WASHINGTON, Jan. 18-The Supreme Court
rendered the following decisions to-day: 175-
Haycraft VS.. United States; appeal from the
Court of Claims. The question, in chief, in
this case was, whether one who gave aid and
comfort to the rebellion can, after the expira-
ton Of two years from its suppression, main
tain an action in the Court of Claims for the
recovery of money in the Treasury arising
from the sale of his cotton, seized and sold
under the captured and abandoned property
act.
The court holds the question to be one of
jurisdiction. That the sovereign can not be
sued without his consent, and that es the law
giving the right OF action prescribed the time
within which it might be brought - two
years-and it was not brought within that
time, the consent of the sovereign is consid- |
cred to be no longer existing, and the &C
ton can not be maintained. The Chief JUS
tice delivered the opinion.
No. 176. The Same VS.. the United States. =
Same court and same judgment.
No. 126. Error to the Supreme Court of |
Montana Territory. In this case the question |
was whether right to running waters on the
public lands of the United States for pur-
poses of irrigation can be acquired by prior ap-
preparation as against parties not having any
title from the Government. This question
was answered in the affirmative by the Court
holding that the right to water by prior ap-
is entitled to protection.
No. 1923. Monger VS.. Shirley; appeal from
the Circuit Court for the Eastern district of
Tennessee. This was a proceeding to set
aside a sale of the appellee's property made
in his absence from Tennessee, during the
war, upon the ground that the cause OF action
which matured in q judgment against Shirley
by publication of service was fraudulently |
and had no shadow of foundation.
The Court below sustained the plea and va
Gated the entire proceeding, and that decree
IS affirmed here. Mr.. Justice Swayne de-
ivered the opinion.
Smith ct al against the steamer Sea Gull
md cross appeal. Appeals from the Circuit
Court for Maryland. This was O case of COL |
ision between the schooner Sarah Watson,
which was lost, owned by Smith and others,
md the Sea Gull, in which the court below
divided the damages, finding the parties +
equally to blame for the accident The de-
,ree is here reversed, with directions to enter
decree for the ibellants for the whole value
If the schooner. Mr.. Justice Clifford deliv-
'red the opinion.
MISCELLANEOUS.
ST. JOHNS. Jan. 18.-The steamer City of
MI -