New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-26
COURT RECORD.
FRIDAY, AUGUST 25, 1876.
United States Circuit Ceurt.

PRESUMPTION. Il. A. Hill e1ttlnR, ~ tAo
request of Hon. w. B. Woods. circuit
juGge.
The following was issued by the court:
ectors for P. .esdent and Vice P, esideDt of the
United States in the State Of Louisiana:
In compliance with the request and order
of the Hon. w. B. Woods. l have opened
the Circuit Court of the United States for
your State for the transaction of such busi-
of Congress in relation to federal elections,
and to which these laws alone apply. The
court will remain open until and including
the next day after the election, to be held on
the first Tuesday in November next.
have found no applications or nomina.
tiOns on file, but from Q confe erence with
leading men belonging to both political
parties find general desire that the very
best men of both parties shall be selected
and shall serve as supervisors, and that the
appointments shall be made at an early
day. As am assigned to the same duty
for my own State, Mississippi, it is imp0s-
sible for me to remain longer in your State
at pres snt To facilitate the appointment
of supervisors in your State the following
plan is adopted: Each party, through the
chairman of it's exs oUtive committee, will
file with F. A. Woolfley, clerk of the court
and chief supervisor, the name of the per-
son selected to act for the party at each
voting place. When an application has
b. n filed by the requisite number of citi-
zens for the appointment Of such super-
visors-that Is, for the city of New Orleans
two citizens, and for parish ten citizens
these nominations will remain on file for
one day. subject to objections BY the chair
obje ,tion be filed, the clerk will
enter on the minutes the order of
the appointment and iesue the commission.
but if objection he entered, the difficulty
will be settled by the chairmen of both
parties, if possible, by the nomination of
an other person or otherwise; if not settled
in this way, the chief supervisor will take
the statement of each and forward to me
at Oxford. But from the amicable feeling
manifested by both parties lido not appre-
hend any difficulty. The powers and duties
of those appointed for the city of New Or
leans. and those for the parishes are diff.
ferent. The 20 of the city are defined in
sections 2Ol6, 2Ol7, 2Ol8, 20l9 and 202O,
and those for the pal shes in section 2O29.
These sections the chief supervisor will
cause to be printed e"d at :ched to the
commissions o. each r,spec. vely for the
when requested, exhibit the same 10 Al
voter.
From the kind manifestation of those
with whom l have met belonging to both
of the great political partiG !, perceive no
reason why you shall not have as free and
fair registration and ele otion, and as cheerful
acquiese cnce in the r. ult in your State as
in any other State of the Union: That such
may be the ce ie feel 3ur( 10 the desire
of al goe citiz ms of both parties, as we'll
as of Judge We DDS, whom am called upon
to represent, ard myself.
r. A. HILL,
United States District Judge, acting United
States Circuit Judge.
Superior District Court.
Thomas Gilmore vs.. E. Fulton, tax col
lector of First District.-PetitiOner g ks
that the sale, August 26, of four lots, seiz i
for taxes, be restrained. Injunction issued
on $3.50 bond.
Fanny Hinckley VS.. city of New Or.
a redemption certificate for taxes paid for
1867 should not be issued.
William p. Kellogg, Governor, for use of
the State of Louisiana, We. Charles Clint n,
State Auditor.-This spit ives commen, d
April 30, 1875, by filing o petition for ,
count of $279,7 ,7S3 50 received from tax col
lectore, un: ccounted for, and for $685. ,557 30
s34.5OO; j. B. Wands. $4,SO; E: w.
devices, 81 500; C. w. Lowell, $l4,27s; j.
S. Matthews, &li.5OO; j. II. Oglesby,
$33, ,4O7 80, and 500 800 paid to James Long
street. The trial before Judge Hawkins
lasted from June % to July 3, and then
went over to the November term, the coun-
sci being allowed to file written arguments
| A criminal branch of the case was tried in
| the Superior Criminal Court before Judge
Braughn, the trial lasting from July IA to
| July IL, and resulted in Q mistrial. 1t was
| then continued to the October term.
Neither case has since been called up.
The case in this court was discontinued
First District Court.
INFORMATION.
Entering, etc.-Billy Bowlegs, alias De
Lee.
Petty larceny-Mary Despaux.
Fourth District Court.
Mortimer H. Wisdom ct al. vs. Henry S
| Bcckner.-PetitiOners on mortgage note
! obtained an order of seizure and sale of the
| Crescent plantation, in Ascension. Defend
| ants petition alleges that James Hewitt
| mOrtgaged this plantation to secure two
| notes dated November Is, 1857, at five aud
ten years, for $62 800 each; that the first
was paid; that Hewitt died in 1867. his sue
cession opened, the property sold to 8. II
| Bell for $23, 500, the sale subsequently con
| firmed in another suit, and that plaintiffs
were represented by their mother in these
| suits in the Second District Court; that Bel
| mortgaged to Samuel Bell, March 6, 1871
| to secure notes for $50,000; that defendant
without notice of any defect of title, pur
| chased the notes, and subsequently the
property. after suit in the Sixth District
| Court; that plaintiffs are estopped from
| prescription of five years has run, and pray
| that they be restrained from further prose
cution of this suit in this court. Injunction
| issued on bond of $1,000.
Fifth District Court.
Judge Cullom rendered the following
| decision:
State of Louisiana OK rel. j. Machado
| B. Bsrthe and P. A. Wagner, vs. William
Pagan, criminal sheriff. Habeas corpus
The relators set up that they are illegally
deprived Of their liberty by virtue of (
| commitment issued in the suit of Hayem e
al, No. q $40 of the Superior Distric
| Court, under q charge of contempt of ths
authority of that court. They sllege that
| it had no jurisdiction of the matter out O.
which the contempt is charged to hav'
/ ity, ratiOne materiG, and that it acted IL
disregard of its own orders previously
| made IN suits Nos. 26,ll8 and 26, 1853, which
are still pending, and to the benefit O.
which relAt0rs are fully entitled. They
pray this court to decree that they hav'
been irnegularly committed, and that i
restore them to the enjoyment of theil
liberty. The records are all in form. Thes%
three points were very admirably and in
struotively argued by counsel, pro and con
but deem it necessary to examine but ont
point made in the case, as the two Others
come up more properly and necessarily eI
| the trial of the merits of tho Injunction
The point to be examined is, as to the juris
diction of the Superior District Court il
the matter of contempt, out Of which tn,
commitment complained of sprang.
Counsel for relat0rs referred to article
800 of the Code of Practice, wherein it il