The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-31
THE INJUNCTION CASE.
Decision or JUDGE BILLINGS m TIE
CASE or BENJAMIN w. ALLEN
JUMEL, STATE AUD1TOn.


Judge Billings rendered the following opin-
ion yesterday mornings
United States District court. District OF Lou |
isiana. No. scoo.-H. W. Benjamin VS.. Allen
5s sss1 ss ssd %s
Of the bill, that the complainant Is the holder |
and owner Ct upwards OF $40 600 OF warrants |
upon the State Treasurer, known as the gen
eral fund warrants" payable out Of moneys
derived from the taxes OF 1877. due and pay.
OF the money 30 derived, set. apart and
appropriated To the general fund In the said
treasury that the lawful warrants now drawn.
than equal the funds that other warrants
we're drawn By the Auditor which are unau-
e hefs sycT c george
Dupre. one. OF the defendants. for printing and
binding what are styled : .Lealslatiye doeea.
said warrants were issued to the said Dupre
was not authorized by competent authority, or
II anthorizsd by law. was not authorized tl by
payment Of the. Dupre. warrants will be made
unless arrested by the Injunction OF this court
and hs \ y to ha extent anish tne nnd
Bile, and which Ia Insufficient to pay the lawful
warrants drawn against IT,,
that there is SAT- fund md . PORTION 81 which Belongs
to the complainant. which Is about to be re-
ceiyed by the defendant Dupre upon warrants
i L
authorized. for which excessive charges have
The answer Of the defendant. Dupre ct ais, to
complainant Is not the holder OF the warrants
upon which this suit IL based.
In support Of this ground. the defendants
affidavit further alleges that tho complainant is
lmpecunlopa. and does not hold any license az .
broker, which allegation, as to the oomplainant's
BY the cereae o Of ihs tax ooeetor and q tie
license clerk Of the Department Of Finance.
do not think, that tho fact that complainant
has not obtained license as O broker. would Of
itself tend to establish his poverty or his In.
ability to own $4,000 worth OF warrants, and Pill
The other alleRations In the affidavit Of the de-
| infornatlo and belief. -
The allegation 10 ths bin Is absolute the. the
ana Il could not e 6sc g dsns
based simply. upon information and belief.
The second ground urged by the defendant
warrants were Issued was authorized BY law.
The other allegations of the bill were not dis
oussed IN tho argument, and viii not be con
defendant Dupre's affidavit STATES, generally.
th i the work executed by him. styled ~Legis.
Ss 70 s se Srssss e q a s
ASssoE 2, hs a ssf and other State Others
ditor was concerned the order was for fifteen
drawn, not Included in this $4,000 involved In
T6e certificate l, of the Secretary Of , State
apfe the sssao sections 81 s1 state Rs s
Statutes. among. which was section 2eia and
said to him thai he tthe public prlnter) should
livery Of such as came Within the ' duties Of him
self ltne Secretary Of STATED to receive. he would
| approve the bills for the same.
any valid order for these Legislative warrants,
and that the meaning OF tho defendant In his
adsy must be tha! be was adthorized t
section 1918 Of the. Revised Statutes. Indeed In
bis Ri l. rendered to thg ,Aad!tora copy 9i
is for printing and binding Legislative docu-
nenta. session 1873 as per section 2eis OF the
| / think this section 2eis was repealed BY the
not Of 1871 The concluding section t20) Of the
act No. 49, OF tho acts OF 1877. after repeating
certain statutes specially named. provides that
all laws or parts OF laws In conflict herewith.
and oil laws or parts Of laws on this same SUBJ
iect matter DO, and they are hereby expressly
Section 2e1s OF the Revised Statutes ia the
fourth section Of the act No. lit. page 81. OF the
acts q 1855. and y. Is as follows: ga
the reports Of the various State departments
and Of all standing or special committees OF
documents ACCOMPLISHING the same shall bs
printed lin English and French) and bound 10 a
separate volume In the manner and form pre-
Journals, and shall be designated Documents OIL
the - Legislature OF H. and there shall be
1000 volumes Of the same delivered with the
This act Is entitled an act in relation to the
printing Of official reports and documents
ian act relative TO the State Printer. to the oil
cIal journal OF the state. and to public print.
ing;
is necessarily public printing. and com
parison OF the titles OF the two acts shows thai
both. 80 far es expressed by the titles. are oyel
the same subject matter. But an examination
Of the acts themselves shows that they relate t.
the same thing. The act Of 1877. paragraph O
TO- ossr ell reports dSsS
FORM shall be paid for at certain rate. the re-
CURED number OF copies to be ordered at one
II would appear that the Legislature OF 1877
by this paragraph. meant to confine public
printing ESQ far az related TO- reports or docu
7 the required number should be ordered at ons
time. and meant to exclude those which up Il
that time had been authorized without AM
The official reports and documents provided
for In section 26l3 (which Is a reproduction o
ao the
documents. and II In operation. that is. unre
pealed, needed no order. But since the Legisla
the number OF copies that should be ordered a
one time. much more have they required al
order. and that, constituting all OF the section
Executive Department to have their report
printed, and authorized them to order o rea
, sonable number Of copies printed for the use 9
laws which authorized printing for other pur
! poses, and among the parts OF statutes repealed
was the section 4.
Hook upon the act No. 40 Of the acts Of 1877
as an effort on the part of the Legislature b
retrench the expenses OF the State in the matte
of the public printing. and to effectuate tina
4 purpose they inserted In the repeating clause
9 that broad and inclusive provision which re
8 pealed all laws or parts OF laws on the sam
subject matter. Whatever there Is on the sam
subject matter that Is upon the matter Of pub
lie printing. and Is not found In this same az
No. 40 of the acts OF 1877, Is repealed.
8 The act OF 1856. including the section 2613 0
! the Revised Statutes. is upon the same subjec
matter. and Is not found In the act OF 1877, and
= therefore, Is repealed.
Let the Injunction issue.
ADJUSTMENTS.