New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-18
COURT RECORD.
FRIDAY, DECEMBER II, 1875.
United States Circuit Court.

JuuRe.
United States va. c. Brel Ell al.-Vinla-
ton OF customs law. judgment of S33j 10
in coin for duties.
Same VS. A. T. Bennett d Co.-Judgment
tIr $257 81.
Same vs. Prats & Pizsut.-Jddgmen
against A, De Ben for $IS6 %.
Sane VS.. 2. R1bin.-Judgment against
A. e. Provost for Sl3G5 o..
Same We. n Observation-Disclosures of
steamship regulations. judgment for $500
penalty.
Same VS.. c. Zarnowski.-same otfense
and Judgment.
Same VS.. John T. Ya.es.-Judgment on
bond as postmaster of Coushatta for S233 81.
superior District Court.
Elizabeth Mckay va. city of New Or
|. .ans.-Judg'uen for Si9l ON bonds due the
late Euingllus Mckay Tor services while dis
trict attorney.
George William Randolph VS.. +. E. Du-
mas, tax coll ctor OF the Third District
Injunction against sale Of property dis
solved
Same VS. A. S Badger, tax collector of the
Fourth Distrlct.-Injunction dissolved.
Same vs.. A j. Redmond, tax collector of
the Fifth Distrlct.--lujunction made per
perual
Henry W. Soares vs.. A. Dubuelet, State
acknowledgement for further testi-
mony.
New Orleans Savings Institution VS.. Mrs
Widow Barthelmy Fleitas.-Petition on
three notes for $l5 600,
Same VS.. Alphonse CONTEMPLATION on
note OF 5000.
Lnuisan4 Levee Company VS.. Charles
Clinton and sureties.-To the honorable the
SuperlUr District Court for the pa ii of
Orleans: The petition of the Louisiana
Leyee Company, domiciled in New Orleans,
respectfully shows; That your petit on 4r
was duly created a body polite and crrpo-
rate, under and by vlrtue OF an act OF tneu
Legislature Vi this State, approved on the
tweLtitt of February, 1871. with the pow
ers, privileges, franchises and inmunities
cont tined n said aGt.
The said act and the acts OF the Legisa-
ture amend story there"t, to-Wit' Act No.
AZ, approved March d 1872, anu act No. 81
approved March 3 1874, form contract
between your petitioner and the State of
Louis ana for the construction, maintenance
and repair of certain leyees Il this State,
and provide for the levy and collection of
the taxes therein mentioned, as compensa
tlon to your petltore for the construction
| maintenance and repair OF the levees atore-
said; as the whole will more fully appear
from the clauses. conditions and stipua.
lions cont tined in said acts, which are
prayed to be taken aud considered as part
OF this petition, in the same manner and to
the same extent as if specifically set forth
and reiterated herein.
And your petitioner further shows th4t
by the acts approved February 20, 1871, and
March =, 1873, IL was made the duty of the
Auditor of the State to assess upon the tax
able property thereof the taxes therein
mentioned, which taxes were to be- collected
at the same time and in the same Ii inner
and by the same officers as the ordinary
taxes of the State are collected. and to be
paid INTO the tre a ury of the State and set
apart rs special funds Tor the benefit OF
your petitioner.
Your petitioner further shows that by the
terms of the act approved March ., 1878, it
is provided that commission OF one per
cent on the amount collected shall be al
lowed as a compensation TO the officer on
whom should devolve the collection of the
taxes imposed by said acts, to be deducted
| and paid out of the funds of your petitioner.
And petitioner AYERS that no other or
grs ater commission could he allowed said
officers out Of the funds aforesaid.
Nevertheless. your petitioner represents
that Charles Clinton, Auditor, whose dufy
il is by law to audit, adjust and settle the
accounts OF said tax collectors, disregardiug
the express provision of the act of the
Legislature aforesaid, fixing the compensa-
tion OF said collector at uno per cent on the
amount col ected and paid into the treasury
and notwithstanding the repeated objee-
tions and remonstranees On behalf of your
petitioner aginst his action in that behalf
both allowed said collectors a commits ion
averaging six and six-tenths per cent on the
amounts of the taxes collected by them for
account of your petitioner, and five per cent
to assessors, in violation OF said contract
and audits, adjusts and settles their ac-
counts accordingly.
Whereby large portion of said funds
have been, by the Illegal acts of the said
Auditor, diverted from, and lost to your
petitioner, to rs niary and damage in the
sum of Sl95, 1872 ID, as will more fully ap-
pear from the tabular statement fled here
with as part of this petition. And for
which sum said Charles Clinton, and the
snreties on his official bond, Charles
Hemard. Charles E. Sltyback, William
Dillon, j. NJ. Sehwartz and George c. Ben
ham, are in solido, liable and indebted TO
your petitioner. Wherefore your petitioner
prays that said Charles Clinton, Charles
Hemard, Charles 4. Siay back, William
Dillon j. NJ. Schwariz and Ge orga c. Ben
ham. who reside in the city OF New Orleans
may be severally cited to answer this poti-
ton, that at er all due proceedings they be
condemned in solido TO pay your petitioner
the sum of $l95, 1872 -, with legal interest
and cost OF suit,
Superior Criminal Court.
MOTIONS.
Grand larceny-State We. Mrs. Cesaire
alias Mrs. George Washington, convicted
December Il of grand larceny. Motion for
a new trial. Taken under advisement
State VS.. E w. Devices ct als.-l. Offer
ing and promising money with intent to
influence members of the House OF Repre-
sentatlves in their votes ,. Brblng MEM
bers of the House of Representatives, with
intent to influence their votes. Motion 10
quash information and discharge accused,
because the Attorney General was without
authority TO institute this prosecution by
way of information, the statute creating
and defining the otfense charged in the in
forma tion, directing that prosecution in
such cases shall be by indictment.
ON TRIAL
State vs. Th. j. Observation-Disclosures De-
cember III, 1874 for the murder of William
Lucas, foreman of Columbia Steam Engine
Company No ), whom he shot at fire near
the corner of Gasquet and Prieur streets,
on the morning of November 26, 1874, short
ly after midnight.
First District Court,
PLEADED GUILTY.
Assault-Ed. Bermudez, Peter Brown.
vERDICTs.
John Bourgogae, not guilty of assault
and battery; George Hunt, not guilty of
petty larceny: Jacob Jacobs, guilty of as
sault and battery.
second District Court.
SUGGESTIONS of John G, Benson, Sarah