The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-30

and her 4j00 bales OF cotton.
It was TO decide the urgent interlocutory pro-
ceedings in these cases Judge Billings was COM
PEELED to make this long journey to hold court.
Accordingly yesterday, at an early hour, mo-
| tions In these cases came up for argument.
Ia the case Of the ship Governor Morton the
motions were to allow the charges Of the cotton
press which received and stored the 450J bales
| OF damaged cotton. This cotton was IN the
| possession OF the sslvors Che Tow Boat Company,
which had seized the ship and cargo when on fire
near the mouth of the river and extingui shing the
fire. brought the cotton up to the city in barges,
| ibeled the same In the United States Circuit
Court, claiming three-f urths OF the value Of the
same FOR salvage, and landed the cotton at the
Atlantic Cotton Press and there stored the same.
| The cotton was sometime after bonded BY the
| shippers, who, in bonding. hsd to deposit some
thirty thousand dollars as costs before their
bonds could be accepted. Among these costs
| ire So 90 by the cotton press which stored the
cotton, and $4,000 by the inspectors or appraisers.
The cotton was afterwards sold ct public aue-
| lion and brought some 100000.
The present hearing was on the motion to adj
NIT the claim OF the cotton press and OF the in
spectors and appraisers.
On these motions there was large delegation
Of cotton brokers, shippers, ship agents snd fac
tors, including the president OF the Cotton TX
change, Mr.. w. O. Black.
These gentlemen all testified and pretty much
agreed on certain points, which will probably in-
terest the general public and especially all per-
sons interested 10 the cotton business.
These points are the following:
/. That the highest charge OF q cotton press for
g orage, drHyage and labor on damaged and sal
wage cotton was 50 bale, but that the general
understanding and custom In such engagements
was that a rebate OF one-half was allowed TO the
shipper on such charges.
2. The cotton Ia the Governor Morton case
was very much damaged. Its average at the
auction sale was f2B per bale. The original value
was about $45. But one OF the cotton presses
had agreed to store the cotton for 81 10, with
rebate Of 55 cents.
8. The testimony developed great deal of in
teresing Information relative to the custom OF re-
bate, and the low rates for stowage and drayage
Of cotton, in view OF obtaining the COMPRISING,
and other ALTERS which have hitherto beenAhid-
den from the outside world, and which, though
sanctioned by commercial usage. do not square
very well with the ideas OF courts and lawyers in
respect to their equity and full accord with legal
testimony, as tt seemed to impress the Judge.
was that the cotton press which set up this
charge of 5000 against The cargo could probably
make q showing Of an equitable claim to about
$4,000.
Next came up the claim of the cotton brokers
two OF themI for inspecting and appraislng the
cotton seized by the salvors. On the value OF
this service there was the same concurrence OF
teSumOOY A8 OF tH6 CubIOu press CnATE6Ss IL WAS
the invariable usage to charge fifty cents bale for
such inspection and appraisement. The whole
board of cotton brokers (more than fifty were in
perfect harmony on that question. The work only
took q day, but then cotton brokers are gentle
men Of great experience and peculiar knowledge.
who have taken twenty five ysars Of practice to
acquire the skill and knowledge to perform
this duty. Certainly $4,000 for one days work of
such experienced artists and scientists was not an
extravs CANT charge. 30 said our eloquent friend
II NJ ny1n uIvc onr1nn ra6 m fprt hp
claimants, radiant with a rich and luxurious
break ast at Johns, OF pompano and papsbotte
"Perhaps so,'' gently and most obligiDgly in
terpolated the learned Judge, fresh from the
classic shades of New Haven shut unfortu-
nately, Col. Ogden having had great many OF
these cases when large claims were set up by
appraisers, the Court was compelled last spring
10 establish rule, which is rule OF this Court,
that In no case should appraisers be entitled to
more than ten dollars day for appraisement of
property under seizure in this court
And thereupon GIL. Ogden and the fifty cotton
brokers backing him raised their eyeds In I'M
bounded establishment. and curled their lips in
infinite disgust at the bare suggestion of redue-
ing their services to the valuation of mere per
diem, and setting at naught the large quantsan
ner'ua upon which these claimants raised their
cases.
the rule he had established, and with the most
profuse expressions Of coincidence and sympathy
with COL Ogden and his clients, was compelled
to enforce the rule which would give them $40
each for services valued at $4,000. The ship Gov
ernor Morton and cargo being thus disposed OF,
the great log case came up on . motion OF Col.
Tucker and Mr.. Belden for the intervenors to
compel the marshal to hand In the bond which
they had rendered, and which he (the marshaD
had declined TO accept. MIR. Gurley appeared for
the United States and the marshal on this mo-
ton, and Mr.. Tucker opened the argument for
the intervenors and proprietors
Mr.. Tucker opened bya general denunciation
Of the government and Its officers in this bust
ness. government protesting TO be one OF pro-
lection and benefcence had been converted into
an engine Of oppression and persecution OF the
people. He was bitterly severe upon the agent
Or spy OF the government who had got up this
denounced the petition and seques-
tration as prepared in utter disregard Of our
State laws which controlled such processes, and
the marshal, who refused the bond rendered
b m, without reason, thereby depriving them
of all the relief which the court had offered
them in the ordt r permitting them to bond.
MIR. Tucker read authorities and argued at
some length to show that the marshal was q
mere ministerial officer. who was bound to release
the logs on valid bond to return the same into
court. when the plaintiff would have twenty days
to except to the same. LIZ he did not 80 except, |
or make good his exception, the bond would be
considered as good and the marshal would have
to assign the same to the plaintiff To allow the
marshal to refuse the bond rendered him and to
hold on to the property OF the lntervenols would
De 10 create an irresponsible OInceE Win SUCH
powers as were never invested in any public
official in this country.
Col. Tucker referred in very eloquent and
mpassioned terms to the suffering of the people
Of Calcasieu from the raid made upon their
who'd community by these log seizures, which |
had broken up one OF our few industries. It was
10 give some relief to these parties that his
honor had been called from his retreat at the
North, to hear the motion now made and which |
involved the simple question, whether mere
ministerial officer Of the court could set at
nsught aud defiance the authority Of the court, |
when 1t was invoked in behalf OF people OPP |
pressed by the proceedings Of the court.
Mr.. Gurley reported for the United States that
he was not there to Cypress any one, but that !
there were two parties in this litigation. The |
United States represented the great body OF the
people, and on their complaint these proceedings
wrong done them by the defendants in the
spoliation and appropriation Of their property.
The bond rendered must be accepted by the