The New Orleans daily Democrat., 1878-11-12
NEW ORLEANS DEMOCRAT TUESDAY NOVEMBER 70,
port of New Orleans for So so q bunch-total,

$AA37 50.
~. Your petitioner shows that on arrival
LII New Orleans, on April 5, 1878, the cargo Of
bananas being partially destroyed, blackened,
cooked and all damaged by the fumigatlon,
ne caused the same to be sold at public auc--
tion, and 1T sold for $50 50, which, deducted
from $4437 So leaves $359s damage suffered
ants are liable to him in eolido.
anu your petitioner further shows that by
his wrongful detention and imprisonment st
tie Quarantine Station hs has suffered dam
ages In the sum OF $500, for which the defend
| ants are TN soido liable to him.
Y. Your petitioner shows: That his deten-
tion and the fumigation aforesaid was made
and ordered to be made, willfully, wrongfully
State Of Louisiana, a municipal corporation
domiclled In this city, and by the members
thereof, viz DR.. Samuel Chopin, DR.. Joseph
Jones, Samuel Boyd, DR.. ]. Albrecht, DR.. W.
J: Austin, pr. L. Loeber, Geo. w. Mott, T. S.
Hardee all residents of this city. who acted
both as members of the board and in their in
dividual capacities, and said persons are
jointly and severally liable to your petitioner
for the aforesaid damage suffered by him and
herein claimed
VI. Your petitioner shows: That his deten-
tion, the fumigation and the detention of bis
vessel, were wrongful and illegal, specially for
these reasons:
/. If the vessel and cargo had to be dsin-
ttCJtu tO law, Lne ulSInfoCLlOn
should have been made without destroying
her cargo.
q. The schooner and your petitioner on
their arrival at the Quarantine Station, and
when entering the port of New Orleans, were
free from disease not in O. foul condition and
not from an Infected district. They should
have been allowed to proceed TO the city with
out detention and without fumigation.
j. Ih0 schooner was not In foul condition
and neither your petitioner nor the crew. nor
73lc h1H
while on the voyage from contagious, pesti-
lentlal or infectious diseases.
4. No proclamation had been issued by the
Board Of Health, nor the Governor of the
State, declaring Port Antoine, the port from
which your petitioner sailed, an Infected
place.
s. The act No. 236 of 1856, entitled an act
'to establish quarantine for the protection
lates article ia Of the State constitution,
which provides Every law shall express Its
object or objects in Its title
G. The several laws of the State, viz; Act
No. 33G, OF 1856; act No II, ot extra session OF
1870; act No g. of 1876; act No so. of extra
session of 1877, SO far as they authorize and
direct the stoppage and detention Of vessels,
and which quarantines them, and quaran
tines the officers, crew and passengers on
board, and prohibits the free and unotstruct-
ed travel and trade between the States and
foreign States. and which restrains and pro-
hibts any person from going to any and to
all parts of the State and from travelling at
any and all times through the State are vio
lative of the constitution of the United States,
article /, section g. which provides: "The
Congress shall have power to regulateTCom-
merce with foreign nations and among the
several States and with the Indian tribes"
The premises considered, your petitioner
prays that the Board of Health of the State
Of Louisiana-Dr. Samuel Chopin, Dr. JOS
Jones, Samuel Boyd, DR.. J. Alhtecht, Dr. W.
J. Austin, DR.. T. Loeber, Geo. W. Mott and L.
8. Hardee-be cited to answer this petition,
and for judgment against them jointly and
severally and IN soIido for $685. and for the
sum of $500, with interest on both amounts
from the third Of April. 1878, until paid, at 5
per cent per annum and costs.
Petitioner prays for general relief.
GEO. L. BRIGHT,
Counsel for petitjOnpr,