New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-07
COURT RECORD.
TUESDAY, APRIL 6, 1875.
United States Circuit Cawrt.

United States Circuit Court.
Presentation. w. Il. Woods circui
| Judge.
| United States va. Thomas McGinuis: same
vs.. Michael Welsh.-Violations of revenue
laws. Nolle prosequi entered.
United States VS.. Charles W. Heating el
! al-Suit dismissed without cost to defend
| ants.
! United States VS.. George A. Sheridan
| The petition claims $l735 received by the
| defendant from the United States govern.
| ment, and alleges that defendant March 3
| 1873, was a contestant for a seat in Con
gress: that the following was passed that
day: THAT no person who shall be seated
in the House of Representatives after the
passage and approval of this act shall nave
the benefit OF any appropriation of the pub.
and set apart for the payment and rem
bursement OF the expenses incurred by any
person IN cOntesting for a seat" That
when this act was approved defendant had
been seated, and knowing he was not en-
titled to it received the said amount
Superior District Court.
Z. w. Huntington vs. Administrator OF
AccOunts.-Rule tor new trial fixed for
April Il.
Louis Schwartz VS.. George Cronan ct al
Petitioner is transferee OF claim of Schwartz
~ w. lOT tAUUl 90 WOELu Ol iron USED IN CGe
construction OF st. Patrick Hail. on which
$500 has been paid, and prays for Judgment
against Cronan and John Henderson, preei-
dent of tho St. Patrick Association, for
$S0l 3S.
State ex rel. Attorney General VS.. Thomas
r. Vaughan ct al-RelatOr represents that
a suit has been brought in the Sixth District
Court entitled Thomas r. Vaughan vs. P.
Il. Sheridan, W. T. Kellogg ct al, for
100000: that the matter as relates to Sher-
idan, De TrObriand and Emory has been
removed to the United States Circuit Court:
that it is still pending as regards W. P.
Kellogg and H. j. Campbell, and the Judge
is insisting in entertaining jurisdiction and
proceeding Notwithstanding his want
of jurisdiction to final Judgment:
that to plaintiffs interrogatories w. p.
Kellogg answered all his acts were in his
official capacity as Governor of the State of
Louisiana, to maintain order and suppress
violence and protect the interest of the
State government; that his answer to the
suit defines the interest of the State gov
ernment. and declares his acts to be in the
interest of the State in his official capacity:
that the court Oyerruled the exception to it's
jurisdiction; that act No. ., approved De-
cember ii 1873, confers upon this court ex-
elusive Jurisdiction Of all cases to which the
State is party, or has an interest directly
or indirectly: that the case upon the peti-
ton and answer shows the State has direct
interest, and the acts Of w. p. Kellogg were
IN his official capacity and power as Gov
ernor to maintain the powers of the State,
and that the real parties to the suit are W.
7. Kellogg, as Governor, and the State of
Louisiana.
That section two of the act gives his
court the power to epioin T. r. Vaughan and
his attorney. John K. Campbell, from fur
ther prosecuting this suit, and to issue a
mandamus to j. j. O'Brien, clerk of the
Sixth District Court, to send the record of
the case to this court, because if not re.
strained their acts will work an injury
to the State. Prayer accordingly and in.
junction and mandamus issued.
Second District Court.
SUGGESTIONS of Valentine G. Fuehrer.
Joseph Delile, alias Joseph Gabriel Soniat,
and Hornoc Stanton opened.
Fifth District Court.
William Burbridge vs.. Job Smith.-Motion
to increase bond on suspensive appeal set
aside.