New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-01

"A. EuStlS anu ~. OFUhu, ShSciS 80
jacob Roth ct al.-Verdicts for plaintlffs,
as follows:
Jacob Roth: sisooJ B. verges $3.50 1880 % %
Jacob Strelle ~ ASH J. Schneider. s0O w
Thomas Schorr..... 85OlJ Knock....... $50 90
s r R.vad: Sc Nicholas kohr 80 %
Jo.ephs as as John c Si5nsy go 90 90
II. Pfefer. as e. Loeb. 10000 90
Britton & Koontz vs. Parish Jury of Con-
cordia.-Verdict for defendant. This case
was removed from the Thirteenth Judicial
District of Louisiana. An appeal will
probably be taken.
L. Kohlman vs.. Julius Rober.-By con-
sent. Judgment entered for plaintiff for
5000 Is.
United States vs. Thomas Arata.-Selling
tobacco without license. Verdict for de-
PENDANT.
United States vs.. John O'Callaghan ct
als.-On pOstmaster's bond. \erdict 1or
$574 81 for plaintiff.
United States VS.. johnson E. YOrkes ct
als-Verdict against A. ADDISON TOT ~ To-
United States District Court.
Presentation. E. C. Billings, district
Judge.
Leon Grand VS.. Bark Ibis.-Libel on
charter party containing the usual clause
Of goods to be delivered, etc.
II now seems that third parties have gone
| on and loaded the vessel and presented
! their bills of lading to the captain, and the
captain maintains that these parties, COM
| ing in under the charter party, are respon-
| sible for the full amount of the freight.
Some authorities have been cited to the
court, one of which have been unable to
| find. OF course as between the charterers
| and the owners there can be no question
whatever. The case of Paul against Burch
q Sum. 62l) is exactly case in point, but
| of course great deal turns on the mean
| ing OF the clause, ''bills of lading to be
signed when presented, without prejudice
! to the charter party" On the one hand it
| is commended that when bills of lading are
presented they should contain this pro.
vision; on the other hand, it is commended
that it means when bills OF lading
are presented the amount OF freight
charged, if they are the goods
of other persons. As between the charterers
| and the ship, it seems to me that this
clause ia IN full force. 1t seems to me that
the history OF this clause is conclusive. 1t
| is a written clause. The parties have
omitted to state its origin. The ordinary
clause in English bills Of lading, from
which this is borrowed, is that the "bills OF
| Iadipg are to be signed at the request of
1
agent, without prejudice to the charter
party" That shows at once, without any
authority for it's meaning, that If the goods
! of third persons are taken on board, the
master shall sign the bills of lading in the
ordinary way: but this charter party shall
| remain in full force as between the char
| terer and the clipper. kerford We. Mon
del, ) Hurts & Nov. Exch. 9, 81; Shand VS..
Sanderson, 10. $50; Kern VS.. Deslandee,
loo E C. L., 2ll2; Perkins vs.. Hill, 2 Wood
bury s. Muiar. l63; Batch. 81.
| Therefore, shall maintain the libel and
| direct, as it seems to me the only way OF
| getting at it, that the captain shall sign the
| bills of lading for the property shipped by
! the hhelant or shall pay the value of the
/ same.
| IN BANKRUPTCY.
| William E. Seebold va. Louisiana Mutual
| Insurance Company declared
| a bankrupt, and directed to furnish an In
ventory within five days.
Superior District Court.
Hon. B. L. Lynch presiding in the eb
sence of Judge Hawkins.
| The following decision was rendered:
State Of Louisiana. ex rel. Attorney Gene
| raj A. P. Field, VS.. Henry C. Dibble, Assist
ant Attorney General.-PetltiOner alleges
| intrusion in Office August A. 1875; that act
No. 81 of 1874, establishing the office. is I'm
constitutional; that the appointment OF
March s, 1876. giving defendant control OF
realtors office, is null and void; that there
is, no vacancy, and prays an Injunction
Defendants answer sets forth commission
bond. ETC.: denies interference with relator
affirms the validity of act No. 35 of March
3, 1874; insists ON the right to appear in tax
suite, ETC.. and presents the right of the
Governor to make the order Of March in
the event OF the disability of the Attorney
General. The testimony shows the AttOr
new General TO have regularly attended his
office. If act No. 50 is valid and the Attor
new General unable to attend to the duties
of his office. the order of March was
proper If he did attend to them it can
not affect him. The office Of Attorney
stitutions of the State. The present
constitution does not declare how the
duties are to be determined. review Of
the constitutional provisions OF the British
empire and the United States follows. The
Legislature may define the duties, and did il
in the Revised Statutes OF 1855 and 1870
Act No. 30 of 1874 is supplemental to these
laws. The powers of the Legislature are
laid down in State vs.. Pagan. % A., $50. II
can not GUST the Attorney General of any
powers specially conferred on him. The
constitution gave the Office and tenure; the
Legislature defined the duties and fixed the
fees. The power to confer contains the
power to limit. Others have represented
the State, one appointed by the relator, one
by the Governor. The Legislature creates
an officer to relieve relator Of portion O
the duties Cooley's Lin, lis. 1t has tn,
power. fail to see in act No. 30 any con
f1ict with the constitution. Petition dis
missed, and H. c. Dibble recognized az As
sistant Attorney General under act No. 3
of 1874.
Appeal taken.
State Va. Charles Clinton, State Au
ditor. Intervention of john Ray In
junction dissolved to the extent OF $500 il
favor of relatOr.
Simon Herman ct al. We. Attakapas Mai
draft of S43S H.
Mexican Gulf and Ship Canal Company
va. city Of New acknowledgements con
tinued.
Superior Criminal Court.
| TRUE BILLS.
State VS.. Emily NJ. Adams alias Hays
Per Jury.
State vs.. Benjamin Nelson.-Arson.
| SENTENCED.
Carving concealed weapOns-A. M Dor
sey, $40 fine or fifteen days; Paul Frank
S25 fine or twenty days. Each pleade'
guilty.
MIsTRIAL.
Perjury-James Wood
ADMITTED TO BAIL.
Murder-James 5 Prestidge, charge
with the murder of w. H. Hardeman in tn
office of Prestidge, Graham & Co., No.
Carondelet street, March 4, 1876. BY cor
sent of district attorney bail fixed at 500 90
and bond signed by Messrs. L. Christ. }.
Dennis, J. c. Van Wick!e, A. j. Bennett
J. Janney. Ed. B. Briggs, II. 81. May, III