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

filed bill against the steamer Martha for $685.
damages occasioned to the former by 3 collision
on the river, near Magnolia plantation.
Third District Court.
Austin Persico has filed suit for damages
against Mr.. and Mrs. Rosenthal in the SUM Of
$3.50, caused by false assertions.
Tue case OF the WorkiDgmens Bank We. Jean
Berthin ct al. has been transferred from the late
Superior District Court TO this court
Fifth District Court.
Leon Lavedau VS.. B. Tujague and Leon Vignes.
Suit on promlssory note for 300.
In the case Of W. g. Wllraot vs.. the steamer
Ouachita Belle, captain and owners, Fred. A.
Blsnks has filed petition as third opponent, ask
ing that the above named steamboat be decreed
to be his property.
The Board Of Control of the Louisiana State
Agricultural and Mechanical College vs. Allen
Jumel, State Auditor, and Ant. Dubuelet, State
Treasurer. COUNSEL for defendants have filed q
motion TO quash the Injunction issued some time
ago.
sixth District Court.
J.D. Wiechmanp, r. L. Meekins. joseph Oscar
VIM. Hartner, Z. Kuhne, Henry tanning. Joseph
Congrexon, G.. Mascara, J. b. Relin, John Elmer.
Harry BurreIl, Willis Ross, Joshua Harding,
Henry Wagner. Philip Ferrer, John Gentard,
Joseph Chpe, Frank Burl, +. Montf gut, Alex
petition in the Sixth District Court.
Petitioners say that they now are and have
been for some time carrying on the business Of
nighteoilsmen (vidangeurs); that it is q lawful
business, and that they have the right to carry
on said business; that the Board Of Health Of the
State OF Louisiana and the city have combined
and colluded by the passage OF ordinance No.
4077, administration series, for the purpose OF
throwing obstacles in the exercise of their rights,
and to harass them through arbitrary provisions
of said ordinance, which are under the instruc-
tons of said Board of Health and the city of New
Orleans; that the city has denounced penalties
which are illegal and unconstitutional, and iS
bevond the authority of the city OF New Orleans.
Petitioners further alleges that they have COM
piled with the law requiring the use OF an odorless
apparatus for the removal OF focal matter in a
liquid state; that the public health is well p
tected and safely guarded with the apparatus
used by the petitioners.
That the refusal OF said Board of Health TO
allow petitioners TO use any other apparatus than
the one arbitrarily selected and imposed by it.
self does not defeat petitioners right in their call
ing to use their apparatus, which answers fnly
the requirement of the statute upon the subject
IN alter.
They aver, unless restrained by the equitable
writ OF injunction, the said city Of New Orleans
and the Board Of Health of the state of Lousi.
ana, through the arbitrary enforcement of the
aforesaid ordnance No. 4O77, administration &C.
ries, and the threat, already partly under execu-
ton, to arrest petitioners and other vdangeurs,
and to prevent them from pursuing their occupa-
ton as nighfsJil men (vidsngeurs) according to
Jew, III VIII Ue neAb 10 lfnpOsslDie TOT petitioners
to exercise their right to pursue their said avoca
ton.
They pray that the city of New Orleans and the
Board OF Health of the State of Louisiana be
cited to answer their petition; that writs OF in
junction issue in the premises, commanding
them not to interfere with petitioners as night
soil men Tor vidangeurs) under the provisions of
city ordina' ce No. 4o77, administration series;
that upon Fl al hearing said Injunction be made
perpetual, and that said city of New Orleans and
the Board of Health OF the State OF Louisiana
be condemned to pay in solido to each OF Pc
titiouers the sum OF $1,000 with legal interest
from Judicial demand, and ALEC prsys for re-
stralniDg order in the meantime.
Restraining order issued on bond OF $1,000.