davidaulloa/AmericanStories huggingface dataset:
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
THE NEW ORLEANS PACIFIC.
The Discretionary Power Of the CITY
Council.

Editor DemOcrnt-In the Picay,t1a6
and Bulletin OF Sunday morning appear
ed articles advocating the railroad
enormity. without attempting TO criti-
else these articles In detail, wish to
put in my protest against the dictafa
Of the gentleman who does up the rail-
road editorials for the above papers.
He in effect says that the act Of the
Legislature which authorizes the C0ut1-
ell to submit the question to the p6Oplo
whether the property OF the city shall
be in part contiscated to aid In the c0l-
structlon of the above road or not, 10
mandatory; that the Administrator 50
far as they are associated with the act
are ministerial officers on y, and as such
have no discretionary power TO dis0bey
its mandates.
Now, emphaticaIly deny that o dis
cretionary power is withheld from these
officials. The right TO. exercise their
judgments inheres TO them as indiyi.
duals, and is moreover assured ana
sworn to when they accept official posi-
tion. They cannot either as citizens Or
public officers divest themselves OF the
right and duty to act In accordance with
the dictates OF their own sense Of right
Under any constitutional form Of R0y~
ernment, it is an unheard OF principle
of law that ministerial officer has no
right to exercise his judgment In regard
to The constitutionallty Of law which
he Is commanded 10 enforce.
Even the military code, the most arss
bitrary, exacting and despotic OF all
laws, does not exact that implicit obs.
dience to military orders. The RESPONSE
bility is not removed from subordinates
who in obedience to the orders Of bis
superior officer perpetrates wronGs o.
executes an illegal order. 1t is then
grossly absurd to say that the power Oz
discriminating between two coniltctmg
laws, or between constitutional law and
conflicting enactments, does not lie II
the council. Each official must exc
cute the laws as he understands them,
and can neither waive the duty nor
shrink from the responsibility ehiallss
Nay, 1t il furthermore the duty of the
council to refuse to execute Oppressive
laws, Us violating inherent rights, wnich
are even more sacred than c0nstitu-
tional privileges. ~
1t is singular how men, in the pt1rsuit
OF an object. can neither look TO the
right nor the left; and to obtain their
ends would sink every safeguard which
legislation and custom have erected 70
protect human rights. EQUITY.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
WAR IN THE REPUBLICAN, cAnr.
A Negro Named Isam Nichols Shot and
Mortaily Wounded BY Toby
Washington.

About o'clock last evening Isau1
Nichols was shot and mortallv wounded
at the Ninth Ward negro RepublicAn
club on Mazant street, between Dau-
phine and Burgundy streets, by Toby
Washington, who was Immediately
arrested and locked up In the Fifth
Precinct.
A DEMOCRAT reporter repaired to the
culars: This was the day for the cleo
ton OF president for the club and
Nichols, Edwards and Pazant were rum
ming. The polls closed at o'clock and
the counting OF the votes began, when q
crowd OF negro members attempted 70
force open the front door. Toby Wash
ington. who had been placed III the
club to watch Isaac Nichols interest,
barred the door, when the crowd re-
paired to the window and attempted to
force admittance. Washington, seeing.
the crowd about to gain an entrance,
seized the ballot box, when q negro.
named David Douglass, strnck him and
took the box away. Augustin. an
other negro then stepped up and
relieved Douglpss Of the box.
Nichols, who, seeing that his man
Washington was getting the worst OF
the fight, jumped through the window,
followed by the crowd, and took charge
OF the election returns. Washington,
not recognizing his friend, and thinking
that IL was an outside party, drew his
revolver and fired, the ball taking effect
In the left breast OF Isam Nichols, be-
tween the second and third ribs.
The wounded man WAS taken to his
residence on Desire street, between
Morales aud Urquhart, where he was
attended by DIR. George Howe, who pro-
nounced his wounds MORTAL the ball
having taken effect In the left breast,
between the second and third ribs, at
the juncture Of the sternum.
The votes at q late hour having been
counted, Nichols was declared to have
had the majority.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
rae CossEcrICUr ELECTIONS.
Democratic Victory.
IMPORTANT MEXICAN NEWS.
tAssociatcd Press Dtspatc bes.)
(~psecticut icctlons--D csnocratic Ma
lNrllY.

(~uuecttcnt EiectlOns--D caOcrattc Ma
Jority.
HAnrroRD, April 3.-The election is
progressing quietly. This Is q dis
agreeable, rainy day. The greenback
men are polling considerable of a vote
here. The chances are against an cleo
ton by the people.
Hartford City gives Robinson, Republi-
cap. $4,000. Ingersoll, Democrat, 1896
' Atwatcr. ter ereenback. 167; Smith, tenn,
perance, 30: Ingersoll's majority, 513.
Last year his majority was 12U1.
Fourteen other towns give Robinson
9so3; Ingersoll, 3lg4; Atwatcr, 119
Smith, a. The same towns last year
gave Greene. Republican, 2674: Inger-
soil. Democrat. 3322. Smith. temper
ance. 1913. Republican gain in these
towns and In Hartford city, S94.
Sixty towns including Hartford, give
Robinson 1879 tngersoll II ,66s Smith,
temperance 492 Atwater, greenback.
4lG. The same towns last year gave
Green 1907 Ingersoll 1868; Smith,
temperance soI scattering g. SO far as
heard from the Republicans have gained
II Representatives and the Demo
Gratis IA.
Seyenty-one towns give Robinson IT,
342, Ingersoll 1D.54O, Smith $40, Atwater
420-a Republican gain of 1856. Gov.
lngersoll Ia no doubt reelected by the
popular vote. and the Legislature is
Democratic.
NORWICH. April 3.-Five towns show a
slight falling off In the total vote from
last year, with no apparent change in
proportion. The indications are that
Waite. Republican, is elected to Con-
gress over Wells. Democrat, by good
majority.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04

The suit for forfeiture OF tne cn6IU0I
Of the Crescent City Live Stock Landing
and Slaughter House Company, which
was some time since instituted by the
state for q forfeiture OF the charter be-
fore Jacob Hawkins court, was quietly
withdrawn on Saturday, and the ox-
pected war OF the giants will not Do WIZ
messed. Why this 10 thus, We wont Say.
One would have supposed that from the
already rendered Judgment Of the nd-
prene Court, declaring that the
Slaughter House Company had violated
their charter in removing TO this elde 0l
the river, that it was plain sailing ~
the suit instituted by the Attorney
General for forfeiture OF the ch0rt0r:
But the slut has been withdrawn ana
there is for the present, at LEAST n0
danger OF slaughter houses being opened
ad libitnm all over town.
The fight was at best on the part q
would-be monopolists against those a.
ready in possession. Whether IN Ing
comDromise, which must have been
effected, the community at large Will De
benefited, we cannot say, put we are
yerv much inclined to doubt 1t.
The why's and the wherefores OF TINS
sudden cessation Of hostilities we can-
not tell. Curious parties must apply 70
the Attorney General on the one SIDE
or to the Slaughter House Company ano
its attorneys on the other.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
FOREIGN.


LONDON, April "a Times special
from Alexandria says the King Of Abys-
sinia sent ENJOYS to Egypt asking Iol
peace. but afterwards made impossible
demands for treaty Of commerce be,
fore the treaty Of peace was signed and
for payment Of the war expenses. The
Egyptians are fortifying strong posi-.
tions commanding the passes. They
will garrison these and withdraw the
remainder Of their troops during the
rainy season. 1t is suggested that neu
trail territory be formed to prevent fu
ture collisions between Abyssinia ano
Egypt. It is reported that the Prince O
Tigre has revolted and is ma MARCHING H,, OF d
Andowa, the capital OF the State o.
Tigre. Many persons favor the idea o.
placing the late King Theodore's sol
on the throne of Abyssinia, undel
guarantees.
LONDON, April 8, p. mt is the gen
eral opinion on the Stock Exchange tha
the bank rate will be lowered on or be
| fore Thursday next.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
HOME NEWS.
victory in Baton Rouge.

BATON RouaE, April AT an election
held here to-day for Mayor, Administra-
tor OF Improvements and two Council
men, the Democratic ticket was elected
by 345 majority, large number OF col
ored men openly voting the Democratic
ticket.
The Flood.
MEMPHIS, April 3.-The effects of the
food are beginning to be felt on the
Arkansas side. Numbers Of families4n
Hopefield, Immediately opposite this
city. have been forced to leave their
houses, and passengers who arrived by
the Little Rock train this morning re-
port the water over the track near Ed
monson, but the train went out, to-day.
The water is now ten inches below the
extreme high water, and about an inch
below high water in May. 1874, when
great damage was done in the neighbor-
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
democratic and Conservative Asseeias
tiOn Of the Parish Of Orleans

This large and influential organization
held it's regular weekly meeting aet
evening In ST. Patrick's Hall. PrcsioGns
F. N. Ogden presided, fanked by VICE
President Jonas, and a large number 9!
members present. The roll was caliea
and the minutes Of the last meeting
read and approved, after which tne
committee on membership reported On
over one hundred names Of new mem
bers. who were unanimously eiecte0. y.
Some fifty or sixty new names 49, ~
proposed for membership and: unoex
the rules. handed to the commiLtoe, Y
he be- reported on next Monday. Some enc
or two amendments to the constitu1on
and bylaws, for the easier worklnG g
ane the association, were proposed, 70 pe
sn snted on at the next regular meeting.
After this the Association adlourneo
tiff next Monday evening at IT. RAJ
rick's Hall. e0o
members and is largely increasing 6.
every meeting, and will become P0Wes
which will be felt throughout the 6sa8es
in the next campaign, determining ~
success OF the Conservative
therein.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
TELEGRAPHIC.
BATON ROUGE.
Election Of City OiIieers--D Democratic Con.
scrvativc Majority 3a5.
Especial Dispatch 70 The N. o. Democrat.l

Especial Dispatch to the N. q. Democrat
BATON Rouar, April 3. Victory has
crowned the long continued efforts of
the white people. Large numbers Of
the colored voters assisting In the cleo
ton Of Capt. Leon Jastremski, Mayor.
and Mr.. u. Jolly, Administrator Of I'M
provements of the city of Baton Rouge.
Everything passed off quietly; the
friends Of peace and good order voting
open tickets, thereby sustaining the
mass meeting of the 2lst OF March.
ANDREW JACKSON.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04

With the approach Of spring dawns the era OF
picnics and fishing and boating excursions.
Among the very best articles for such parties
are Messrs. Libby. McNeill & Libbys COM
pressed cooked eorned beef and beef tongues. in
hermetically sealed cans.
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04

The Tossische Zeitung publishes q
rumor that the forthcoming interview
between Queen Victoria aud Emperor
William is for the purpose of concluding
o treaty for the cession to the German
Empire of the right OF the Duke of
Edinburg rs the representative TO the
Duchy OF SAKE Coburg Gotha.
Gen. Won Moltke will probably resign
as chief Of staff on the conclusion of
his furlough
ROME. April 3.-Ex- Deputy Lodbea,
the attempt to assassinate whom ex-
cited oil italy few years ago, is dead
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04

the crevasse will run into Old River
The water in the lower portion of White
River is already over the banks.
Fire.
BosToN, April 3.-The summer resi-.
dence OF S. w. Galloupe, OF Boston
known as Ocean View Cottage, neal
Philips Point, Swampscott, was burned
to-day. Loss $4,000.
American steamship Company.
PHILADELPHIA, April 3.-Henry d
Welsh, of this city, was elected Presi
dent Of the American Steamship Com
pany. The following named gentlemen
were elected Directors: Josiah Bacon
b. H. Bartol, John Price Wetherill, ID
b. Cummins, M. Baird, N. Parker Hart
ridge, Strickland Kneass, VIM. Wind
sor, G.. b. Roberts and George N. Allen
H1GHTsTowN, N. j., April AT tn,
Borough elections M. Schanck, tn
regular citizens candidate for Mayor
was elected The issue was license O
no license. The License party wer'
victorious. The Temperance party hav
controlled Borough for two years.
| Base BaIl.
PHILADELPHIA, April 3.-The Profes
sional Association OF Base Ball Player
met here this afternoon. Representa-
tives were present from the Atlantic
Active of Reading, Star Of New Haven
Brooklyn, Red Socks. st. Louis, ALE
gheny City, Quicksteps OF Wilmington
Philadelphia and Centennial OF thi
city, and others. I. Hindel, Of Will
mington, Del, was elected President.
Draft of new code OF rules wa
adopted. Playing rules were amends
so as to allow clubs to change pitcher
and catchers, in order to play exhibition
games. The number Of games to b
played during the season is reduces
from ten to seven.
After the appointment Of Champion
The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-04
[srcoNp ptspAToH.l

fsECoND DISPATCH.
Special to the N. o. Deinocratl
Municipal election. Democratic ma
jority three hundred and forty-five.
Numbers of colored people voted openly
the Conservative ticket. Great rejoicing.
Key note of Louisiana for the coming
campaign. VIM. GARta.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-06

VALUABLE BUSINESS STAND ON COMMON
SQUARES OF GROUND II THE FIRST DISTRICT.
N HAH THE ma M11TkR Rh OF MRS WIpoW BOYLE ET
AL VS.. TIE MINORS BOYLE.
Second District Court for the Parish of Orleans
DY MACON. ELLISON & CO.-AIBsRr
ID Paul, Anctioneer-Ofice n. 2s Carondelet
o'clock NJ. at the Merchants ard AuctlOneers
Exchange, Oh Royal street. between Customh0use
and Canal streets by virtue of an order OF the
honorable the Second District Court for the parish
of Orleans, dated December 81. 1875, will be sold
at auction. for account OF said estate the following
/. THAT VALUABLE BUSINESS STAND. No. 1874
Common street in square bounded by Baronne
Carondelet Gravier and Common streets; lot 30
2. THE sQAURE OF GROUND bounded BY Com
mon, Graver and Clark streets and Hagan avenue
3. TIE HALF SQUARE OF GROUND. fronting ON
Telemachus street. bounded by GehOis, Gravler
Common and Tele Tenacious streets.
Also, the following bank AID other stocks
Five snares New orleans Canal and Banking
Company.
Twenty five shares Bank of America.
One hundred shares state National Bank.
Thirty-three shares New Orleans Gaslght Com
pany. old.
Eighty shares New Orleans City Railroad Com
pany.
One hundred and twenty shares Crescent Mutual
Insurance Company.
Si1ty.two shar, Factors and Traders Insurance
Twenty shares Home Mutual In insurance Company.
Nine shares Louisiana Mutual Insurance Com
Two shares Delta Insurance Company.
Five shares Sun Mutual Insurance Company.
Nine shares New Orleans Gaelight Company, new.
One CITY Bond Of New Orleane of + 1000.
And sundry Promssory Notes, Claims and Ac-
counts due said estate as per schedule on Tile IN
our Office.
Terms-Cash in United States tre asury notes.
Act of sale, for the real estate at the expense OF
the purchaser before Theodore G1yo'. notary rub
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-06

Second District Court tor the Parish of Orleans
No. 31,l37.
DYJ. WILLIAM DAVIS, AuCr1ONEER-
ID Office No. 81 st. Charles street.-On THURS
DAY, January s. 1876 at twelve o'clock NJ, at
the Merchants and Auctioneers' Exchange, Royal
street between Canal and CustOmho house streets
by virtue and in pursuance Of al order OF the
Hon. A. L: Tissot: Judge OF the second Dlstllct
80, 1875, will be seld by public auction the follow.
ing described prop critics, to Wit
i. -FOUR CERTAIN LOTS OF GROUND with the
buildings and improvement thereon, rights, ways
privileges and appurtenances thereunto belong
ing, situated in the Sixth District of this city, in
the square bounded by Camp. Pension, Chestnut
and General Taylor streets, and known as lots Nos
!. Q, and T. Lot No. l forms the corner of Chest.
nut and Pension streets, and measures 81 feet
Nos. q and adoin each other and measure each
8. feet front on Chestnut street, by lis feet in
T. THREE CERTAIN LOTS OF GROUND. together
with the buildings and improvements thereon,
rights. ways privileges and appurtenances there.
this city, in the square bounded by by Magazine,
Ansterlitz Camp and General Tsyl9r st Ire and
sy the Nos ana s. 10, no. soam n
measures 81 feet front On Magazine street. by a
depth between parallel lines and front on Austen.
tz street. Of 103 feet inches; lot No. adjOins lot
No. /, and measures 81 feet front Magazine street,
by a depth. between parallel lines, of 1903 feet 4
inches lot No. adjoins lot No. 2. and measures 81
feet II inches front Magazine street, by depth
on the line dividing it from lot No: of los feet
inches and depth on the other side Of 103 feet
inches, and having width in the rear OF "a feet
5. A CERTAIN LOT OF GROUND, together with
the buldi1 GO and improvements thereon, situated
in the Fourth District of this city in the square
bounded by Seventh, Eighth, Laurel and Constance
streets, measuring 81 feet II inches front on Sew
enth street by l25 feet deep between parallel lines,
all more or less.
Terms and Conditions-One third cash, and the
balance at one and two years credit, III notes OF
the purchasers, divided into coupons, bearing
eight per cent interest from date till paid, with
special mortgage and vendors privilege; the build
ngs to he kept insured and policies transferred to
the holders of the notes; and in case Of judicial
proceedings for the recovery OF said notes the
lawyers fees fixed at tive per cent, to be paid by
the purchaser.
Acts Of sale to be passed before N. B. Trist. ESQ.
notary public. at the expense of the purchasers.
de3 IL 10 "a 80 lac
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-06

Second District court, for the Parish OF Orleans
DY NASH & HODGsON-w. I. HoDGSoN,
On SATURDAY. February 5. 1876, at twelve o'clock
NJ. at the st. Charles Auction Exchange, in
the basement Iotunda OF the st. Charles HOTEL
in this city by virtue and in pursuance of an order
of the Hon. A. L. Tssot, Judge of the Second Dis
trct Court for the parish OF Orleans, dated Octo
Succession . Of Mrs Frances Ann Kenner widow Of
George Currie Duncan, at public auction, VIII be
sold -,
with the buildings and improvements thereon.
situated in the town Of CarTolton this state II, IN
the sna y
mated as lots Nos II to 90 inclusive, of square No.
"a A, as per plan made by MOeihausen surveyor.
dated October, 1916, deposited in the office Of L.
Herman late notary in this city; said lots adjon
each other, and measure, each, 80 feet front on
Second street, by $50 feet in depth, between para
lei lines: lot No. II forming the corner Of Lower
Line and Second streets.
2 A PORTION OF GROUND, situated in the same
square. No. "a A, and designated by the letter D.
the first day of May, 1850 being that portion OF
lots Nos. IS and l6, comprised within the line Of 4,
feet 2 inches on the line of A, B, and 81 feet 4
inches the line of A, D. being the division line
Of lots Nos. II, 10 and 10; said square "a being
ae aI PORTION s1H Of GROUND, together with the
buildings and Improvements thereon, situated in
the same above described square, and adjoining
the property sbsve describsd. being the rear OF
the lots designated by the Noe 10 and IL, on the
ton Of ground measuring, a. per diagram by J. g..
Dreu1, above referred to, 60 feet inches on the
line dividing it from lots Nos. 20 and 81, 60 feet
inches on the line Of lot No. H. and 60 feet on the
line = B or lot A, and is the same property &C.
quired by the said late Mrs. Duncan, by purchase
at sale made on the fourth day Of April. 1872, by
the sheriff Of the parish Of jefferson.
Terme-Caah on the spot.
the expense Of the purchaser, including the taxes
due and exigible in 1876. jas 10 - To-
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-06
IMPROVED AND VACANT REAL ESTATE IN THE
FIRST. SECOND AND FOURTH DISTRICTS.
SUCCESSION OF JOHN GREEN.


d Hoey, Auctloneer-Ofice No. 25 Commercial
place.-SATURDAY, January %, 1876. g. twelve
Exchange, on Royal, bet ween Canal and Custom.
house streets in this city of New Dries Ne. by vlr
tue of an order from the honorable tn. second
in the above entitled matter on the sixteenth day
Of D Dec 1875 wii be sod BY public auction
'ns ' Two Tors OF GROUND, in the FIRST District
OF this city. in the square bounded by Ca'liope
aaS each
ard measuring each, in American measure. 81 feet
inches front on Caliope street, by l27 feet 10
getber with all the buildings and Improvements
thereon, comprising on each lot a double one
storv frame cottage ThieR mp 3f rsa are
:. EIGHT LOTS OF GROUND. in the Second pi.
trict of this city, suburb ackson, designated by
plan BY J. n. Depouily, deposited in the office Of
Cuver notary pubic IN TINS CITY; ,o sa,a o rs
wit: Lot No. has 81 feet inches 'front.' on Napo-
leon street by $50 feet in depth; lots NOS: ~,
street, by l22 feet in depth: lot No. forming the
corner Of Napoleon and Main streets, AID lot No
ard the lot No IA measures 81 feet inches front
on Solomon street. bv $50 feet in depth.
g. TWO LOTS OF GROUND, with all the build
inSs and improvements thereon. situated in the
Fourth District of this city, IN the square bound
ed by Washington, Constance: Magazine ah 20
adjoining each other, and measuring each 81 feet
6iIches more or less, front On Washington street,
by rs feet in depth between parallel lines, Ameri
can measure, the lot No. II forming the corner OF
Waehip pton and Constance streets; the improve
ments comprise q two-story frame dwelling, Win
rear buildings, stables, etc ,,orr,
with all the buildings and impro sements thereon,
situated in the Fourth District of this city IN the
eGnare bounded by Constance, Laurel, Philip and
First streets designated BY the No. l, forming the
corner of Constance and First streets, and me as
ures 4s feet inches front on Constance street by
adepth and front on First street OF o. rec. men
comprise double one-story frame me house, WITH
two. story rear; the corner being used as store:
Terms OF Saie-Oneat third cash and the remain
der at one and two years credit in notes OF the
purcbasers to their own order, and by them in
dorsed, bearing interest Of eight per cent per
annun from the day of sale until hnal pay men.,
with the penal clause Of i've per cent attorneys
fees, in event of suit to enforce paymenl the I'M
provements to be kept fully insured and pois'e
transferred to vendor; the whole to ne secured ov
special mortgage and vendors lien on the property
sod. -
Acts of ssle. at the expense OF the purchasers
before William j. Castell, Esq, notary pubic.
de29 iaS Is % 20