New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-07
NEW ORLEANS REPUBLICAN, THURSDAY, JANUARY l. 1875

NEW OKLEANS Il
said road; that pending the trial of tn
quit, on the seventh Of December, tn
Southern and Atlantic Telegraph Compan,
instituted suit in said court against sail
I railroad company to condemn right of way
and obtained judgment as asked for; tina
Immediately thereafter SAID telegraph com
pany obtained an Injunction in the sait
Superior District Court restraining sail
railroad company and petitioner from in
terfering with said telegraph company alon,
the line of said railroad; that steps wer1
taken to move said suits into the United
States courts, which the Judge of sale
the exclusive right of petitioner had clearly
| been established, and the decision of thu
| Superior District Court could in no way
! impair petitioners vested right; that undel
| the proceedings aforementioned the South
ern and Atlantic Telegraph Company il
| now erecting poles aud wire, and, unless
restrained, will soon complete its line from
Mobile to New Orleans, to the irreparable
injury of petitioner; that this can not be
avoided except by the interference of this
honorable court. Wherefore, petitioner
tic Telegraph Company be restrained
and enjoined from proceeding further
with the construction of its lines between
Mobile and New Orleans. and from opera
ting, using or working any line or lines be-
tween the State line Of Mississippi and the
city Of New Orleans, that have been
actually constructed along the line of the
New Orleans. Mobile and Texas railroad,
and for writ of subpoena commanding it to
appear and answer, etc. The petition is
sworn to by Thomas j. Semmes, attorney
for the company, and, by an order of Judge
Woods, dated Mobile, January S, defendant
is required to show cause on Thursday, the
twenty first instant. why an injunction
shall not issue Or at such earlier day as
the Circuit Court for the district of Louis
lana can hear the case.
The following petition has been fled in
the Circuit Court OF the United States, Dis
trict Of Louisiana:
To the honorable the Judges Of the Circuit Coul
Of the United States, district aforesaid:
The petition Of George A. Kelly. who ia
citizen of the State of Louisiana and q
resident OF the district aforesaid, respect.
fully represents to your honOrs that Philip
II. Sheridan, who is \ citizen of the State OF
Ohio; William II. Emory, who is citizen
of the State of Maryland; and Philip X De
TrObriand, who is a citizen 0f the State of
New York, all of whom are found in the
district of Louisiana aforesaid, have CON-
mitted acts of wroDg and violence upon the
person and liberty Of your petitioner within
the district aforesaid, contrary to law and
in violation of the peace and dignity of the
State of Louisiana. whereby he has suffered
damage in the sum of 500, 900, and there
fore he brings this suit. And therefore your
petitioner complains and says that on the
fourth day of January, A. D. 1875, the said
defendants unlawfully, forcibly and NAL.
iciOusly did make an assault upon your
petitioner in the city of New Orleans, in
the district aforesaid, and did with force and
arms unlawfully, maliciOusly and violently
expel and eject your petitioner from place
where he was lawfully And peaceably con-
Quoting and carrying on his business, and
did prevent him from proceeding Herewith,
to the wrong and injury of your petition
or and against the peace and dignity of the
State of Louisiana, to the damage of your
petitioner in the sum Of 500, 900; where.
fore he prays that citations may issue for
the defendants aforesaid, and that such
proceedings be had as that he may have
judgment for the sum aforesaid, and the
costs of this suit; and that he may have
such other reliet as is consistent with Law
and right.
James Jeffries files duplicate suit.
Superior District Court.
w. w. Handlin vs.. New Orleans, St. Louis
0AU SuACdSO AduIOdU-OA tEldl % Guo RUE
for taking of testimony in favor of plaintiff,
it was ordered to DO made absolute.
George s. Lacey ge. city of New Or
ieans.-COntinued to seventh instant.
New Orleans Insurance Association va
w. Z. Harper.-A commission to take ts 8 H.
mony issued. with a delay Of fourteen days.
Kennedy & Co. vs.. Empire Parish
Packet Conpany.-Judgment entered by
default against the defendant.
~ ~
eral vs. Is. +. Jonas.-A suspensive appeal
was granted, returnable on the sixth in.
slant, before the Supreme Court, in behalf
of the State.
John Calhoun vs.. Charles J. Eeeds.-Ths
petition of John Calhoun sets forth that the
city Of New Orleans is indebted to him for
salary as Administrator of Public Accounts
from May |. 1874, to- November 80. 1874,
both Inclusive. or seven months, amounting
to $500: that the salary is fixed by statute.
and made payable monthly out of the tax
q perpetual appropriation made by law. and
is not dependent upon the will or volunteer
action of the officers of the city. yet
the intent Of the law may be defeated
by making payments in preference.
and he mas good reason TO believe
that his claim will be defeated BY
the Mayor approving, the Administrator of
Public Accounts avarranting and the Ad-
ministrator Of finance paying. the salary of
his successor fOy the month of December
and subsequent months, to the prejudice of
OF his prior claim; Che right to- payment
implies and invOlves the right to payment,
month after month, successfully, otherwise
the appropriation fails: wherefore he prays
that iDjunctiOKdO issue restraining Charles
J. Leeds, Mayor, from approving, j. G.
Brown. Administrator of Public Accounts,
of Finance. from paying the
salary for December or any subsequent
month until he shall be fully paid.
An injunction was issued as prayed for,
and plaintiff gave surety in the sum OF
$1,000