New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-01
COURT RECORD.
WEDNESDAY,, MARCH 81, 1875.
United States Circuit Court.

/
| Presentation. w. B. Woods, circuit jud ge
Abraham Hayem vs.. city of New Or
ieaEs.-On injunction to restrain the city
from disposing of notes given on lease Of
| markets, the plaintiff alleging nOn-citzen
| ship.
The court said: conclude the iniunction
| should not be maintained. There can be
| no dispute about the facts. The rents of
markets contribute to the revenues of the
city as well as taxes. They are not like a
| shop owned by the city and leased to sell
| dry goods in. Thero are many municipal
| arrangements; they are policed. kept in
order and maintained at the public expense.
When the Legislature determines what
power OF taxation should be granted it con.
| siders what amount of revenue is necessary.
1t considers the revenue the city will derive
| from its ferries, wharves and markets, and
authorizes it to levy only such tax in
addition as will be sufficient for the ex-
penses of the municipal government. 1t
has to act on this theory and has settled the
| rate. These rents then are revenues with
which no party can interfere. The purpose
of this plaintiff is plainly to make specu.
lation. He leases these markets and gives
| his notes to the city. Next day he goes to
| the brokers for city certificates at fifty
cents on the dollar. He wishes to paw a
debt of 100000 with $4,000. There is no
occasion for interference OF this court. In.
junction dissolved and the restraining
| orders heretofore issued quashed.
James Simpson VS.. Hays, Tunstall g.
Co.-Judgment for plaintiff tor $500.
North German Lloyds vs. commissioners
OF mlgratiOn.-Injunction modified that
the restriction of the collection Of the charge
OF ~ on passengers not liable to become o
public burden is limited to affect vessels of
plaintiff
Pennsylvania Salt Manufacturing Com
pany VS.. Frank II. Benan-Deiendant
restrained from putting up caustic alkali in
alright metal cans, ETC., and from further
interfering with plaintiff 3 letters patent.
Superior District Court.
un,i Louisiana State Lottery Company VS..
Duffy, Esq., clerk of Fifth District Court,
to show cause, April 5, why the record in
above case should not be transferred to this
court for want OF jurisdiction /ef the Fifth
District Court.
State ex rel. NJ F. Boris vs. J. G. Brown.
Administrator of AccOunts.-On the appli-
cation tor a mandamus to compel the CITY
to receive Jury warrants. The court said
that though any citizen might sue the CITY
he could not ask the court to mandamus a
city official in any way to give preference to
his debt. Mandamus refused
Superior Criminal Court.
nFoRMATIcNs.
Assault, etc.-Lawrence Howell, John
Graham.
Carrying concealed weapon William
Newton, Camille Sam. VI. j. Nichols.
Grand larceny-Annie Scott.
Breaking and entering-Henry Nolan.
Burglary and grand larceny-Edward II.
Marks, Lucy Wilson, Carrie Johnson.
APPEALED.
State vs.. Gus. Anderson, convicted of
rape.-On exception to jurisdiction OF the
court being ovorrUled, defendant appealed.
ON TRIAL.
State vs.. William Burke. Murder. The
defense offered the brother OF the prisoner
as witness. and the State objected on the
ground that he was implicated and charged
as co-defendant. On production of the
affidavit charging him with murder as an
accessory, the point of the Attorney Gen
eral was maintained, and the witness com.
mitted to PRISON. A Juror, John E. Rengs-
t0rif, was suddenly taken sick and his fan-
lly physician sent fo-. the case being con-
tiIued.
First District Court.
PLEADED GUILTY.
Assault and battery-Jef Wells.
NoLLE pRosEoUl ENTERED.
Assault and petty larceny-Mike McCann,
Marie Bruga, Dennis Eruga.
Fourth District Court.
Cynthia Davis vs.. N. kuutz-On the
civil rights bill for $500. Submitted and
taken under auviSement