New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-05-02

SndEieS 1l6DSiiJ GulAo lnelAcy
+. Burche, l.. Pellissier,
Philip Schultz, Hyacinthe J. Trasa,
William A. Lanatt, A. J. Tebo,
j. p. Robinson, John X. Commens,
Arthur De Armies, Victor Hebert,
Henry Govan, Louis Gaiguaret,
Henry Mason, Samuel Herman,
Emile Daniel, Octave D. Pavegean.
L. Beebe,
A verdict against B. T. Beauregard, in
ternal revenue collector, and his sureties,
has been rendered for S5561 So.
In the Superior Criminal Court Sheriff
Houston and the City Council have at
tracted the most attention. Saturday the
rule to show cause why the Administra-
tors should not be punished for contempt
in not paying the bill allowed by the
court was heard.
Mr.. Gutenberg held that the account
allowed was in the nature of q Judgment,
and the city had no authority to revise it,
City Attorney Jonas eontended that the
court had no jurisdiction to enforce the
payment of any debt; that public officer
could only enforce payment by manda-
mus, and that was beyond its power; that
claims against the city should be enforced
under act No. s of 1870, and that act No.
55 of April Z, 1877, made the certificate
Of the court only prima facie evidence,
and the city's counsel could go behind it
and investigate the correctness of the ac-
| count.
Mr.. Sheldon closed for the sheriff.
Monday Judge Whitaker held that the
court having certified to the account, the
city's duty was only ministerial and it
could not revise it; that he had no doubt
of the jurisdiction, and the certificate
was, in effect, decision, but did not
amount to an order to pay. The city
had no other duty than to accept and
make the appropriation to pay the ac-
count. Unless they were paid the court
would have to suspend, as the sheriff
could not be compelled to execute its Or
ders at his own expens e. The remedy,
however, he considered to be by way of
mandamus, and therefore di smissed the
rule for contempt
1t was then arranged that the City At
torney should accept serv ice of the writ,
that the court might render decision be-
fore the meeting of the City Council on
Tuesday.
Yesterday Judge Whitaker overruled
the city's plea to the jurisdi ction; that the
sheriff had an adequate remedy at law;
that there had been no appropriation, and
consequently the Administrators could
not issue warrants, and m ade the writ Of
mandamus peremptory.
The city appealed,
In the Fourth District Court, the con-
test for the Auditors Office, Allen Jumel
vs.. George B. johnson, has been tried.
Mr.. Ray, for the defense, fled petit
ton and bond for removal to the United
States Court, under United States Revised
Statutes, 2O1O, alleging his election and
possession of Office until forcibly elected
by the forces under the authority of Fran
els T. Nichols, and that 10000 colored
voters had been prevented from voting.
Mr.. Egan argued that the section did
not apply as the question was one of an
application for mandamus between two
citizens Of the same State, and that the
other questions raised were not pertinent.
| Mr.. Campbell urged that the case should
be transferred on the Aiing Of the bond,
and that the United States Court was the
only tribunal that could determine
whether this was error or not.
The court overruled the motion, and
also motion for continuance, and made
the mandamus asked for peremptory,
directing that possession of the Office Of
the Auditor be given to Allen JumeL
In rendering this decision the court
said it did not pass on the merits of the
dc jxre rights to the office Of either patty,
that issue not being invoked.
The defense excepted.
/ kIessrs A. W. smyth, NJ. D.; John j.
Castellanos, NJ. D., and Samuel Chopin
! N. D.. have been appointed by the Su
perior Criminal Court commission to in
| quire into the mental condition Of Curtii
+. Lewis. now confined in the I,ouisianl
Retreat
The appointment was made on motion
Of District Attorney John J. Finney, OF
the report of the grand jury.
On Monday suit was filed in tn
Fourth District Court, and an injunction
issued against that portion of the bill
no. 9S) appropriating $4,000 whicl
deyotes $4,000 for the mileage and pc
diem Of those members of the Legisla
ture who were returned by the Returning
Board, but who were denied seats by th
organization ct Odd Fellows Hall.
The petition alleges the bill violates al
ticle ia Of the constitution in not dis
closing this purpose in its title; that il
contemplating and providing fer the pay
ment of the mileage and per diem Of tn
following persons, viz; F.tW. Baungtou
Of 0uaohita; George Bird, of East Batol
Rouge; Henry Blair, of Morehouss; o. q
Brewaterg Of 0uaehitA; John "A. Brown
Of Ternon; Jeremiah Blaclst6ns uf oI