The New Orleans daily Democrat. [volume], September 06, 1877, Page 8, Image 8

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

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CAPITOL (OSSIP.
TRESAUlRY MATTER~g-TIg LIEUTEN
ANT GOVERNOR INVITED TO DE
PEIIENT AT A BOnTON DEDICA
TION.
The Auditor After Delinquent Tax Mol
leetors with a sharp ticEk.;
M ttters about the state-Hotuse w re a very quiet
look on Wednesday morning, and in the absence
of the investiga'ing committees there was little
stiring is the various offices except routine work.
The experts appointed by the Treasury Oom
mittee were busily engaged
IN THE TREAItABElR' OFlriFrti
examining books and records, and in the same
oflice there was the usual demand for money by
warrant holders.
In the matter of "dissatisfeation" on the part
of warrant-holdere, as noted in the evidence
given before the Treasury Committee, the Tress
urer says that if any living man can give satisfac
tion to all warrant-holders with the moneys paid
in, he is willing to employ him for one month and
pay him five hundred dollars for his services, and
that he (the Treasurer) will obligate himself to
pay suach warrants as he has money to, that the
individual may direct, and that for every person,
a warrant-holder, who goes away dissatisfied,
THE NNW CARIERt
must pay apenalty of five cents each. He says also
that there is now outstanding against the Stato
warrants of all classes and kinds amounting to
eight hundred thousand dollars, but does not
specify what any particular lmss are.
Lient. Gov. Wilts has received from the Mayor
of Boston and from the committee of arrange
ments in that city an invitation to be present on
the 18th inst. upon the occasion of the dedication
upon the iBoton Commons of a monument
erected to the memory of the d'oeased soldiers
and sailors of the North, which he would like to
attend very much, but cannot owing to his busi
seas. While visiting Boston, the Lieutenant
Governor made many acqnaiutances and friends,
and it is for that reason, perhaps, that he is thus
honored.
THE wTATh AUDITOR,
baying become slightly tired of waiting for de
linquent tax collectors, has now issued peremp
ory instructions to the district a torneye to begin
suitat once against each and every one of those
who are short, and having an aeootate account of
the indebtedness of each, he will also issue in
structions to bring suit Against the sureties of
The Board of State Engineers, who went to
the mouth of Bed river, returned on Wednes
day morning, having made a thorough survey of
the situation there. They report that the wreck
lag boat had,
WITnl H R IMMENSE PUMPis,
done excellent work and as the water was falling,
had done about all she could do at the "gut,
and necessarily smaller or boats of lighter draft
were provided, including the steam tug Moulton,
which did good work, and they will make an
effort to get a couple more to send up.
The Osae. they report, was taken to the mouth
(proper) 'of Bed river, where a bar is forming,
and which, if left alone, would form
A SERIOUS OBSTRUCTION
to the navigation of Bed river.
THE RCHOOI BOARD.
The Board of School Directors met last even
lng at the City Hall. Present. Rev. Mr. Guthelmn
in the chair, Messrs. Collins, ilassinger. Cole
man, Bartley, Lanaux. Craig, Ferguson. Fayer
weather, Seaman, Martinet, Behwarbrickt
O'Brien, Mitchell and McLean.
After the reading of the minuttE the following
report was read and adopted, apportioning the
schools and their districts:
OFFICOE BUPERTNTENDENT PuntIC HS.HOOLRS,
New Orlelans, August 1. 1877. i
To the Board of Directors of the Public Schools.
City of New Orleans:
G(entlemia-I respectfully submit herewith a
cmplete list of the city schools, with location
of buildings and boundaries of school districts.
As far as possible, the former district limits
have been continued or restored. In some in
stanees changes have been made to suit the
conveniene,~ of pupils, the growth of the city
the sire and accommodations of the school
buildings. or the action of the board in provid
ing separate schools for the white and colored
children. Reapectfully submitted.
WM. O. IIOGEIS.l
Superintendent Public BShools, New Orleans.
List of Public Schools of the City of New
Orleans.
FIRST MUNICIPAL DISTRIOT.
JACKSON-Boys ( White)-Corner Magazine and
Terpsichore streets-Boundaries, river, Feli
city street, St. Charles, Thalia.
JAcKSON- Girls (White) - Corner Magazine
and Terpsichore streets-Bloundaries, river,
Felicity street, St. Charles Thalia.
PAULDINO--lOs and dills (White'--Corner
Constance and (athennie streets-B-aindaries,
Thalia. St. Charles. Tivoli Circle; St. Joseph,
rhiver.
CLIo-Boys and Girls (Colored)--Clio street.
between St. Charles and Prytania streets
Bonn 'aries, St. Joseph, river. Felicity street,
swamp.
JEFFERSON No. 1-Boys (Whitl)--Dryades, be
tweon Erato and Thalia- Boundaries, St.
Charles. Felicity street to Freort. Thalia.
swamp, Orleans cnal',
WEBSTER-Girls (White)-Dryades and Erato
streets-Boundaries, St. Charles, Felicity street
Freret, Thalla, Swamp, Orleans cinal.
METAIR.E RIDGro--Boys and Girls t White)-Ca
nal near Broad street - Boundaries, Canal,
Roiebeblave, Orleans canal, swamp.,
MABSHALL-Boys (White)-Ctnurch street, be
tween Julia and Girod-Boundaries. River, it..
Joseph. Tivoli Circle, Triton Walk, Dryades,
Canal.
FnANKLIN-Girls (White)-St. Charles street.
between Julia and Girod streets-Boundaries.
River. St Jo-eph, Tivoli Circle. Triton Walk,
.Dryades Canal.
FtsK--Boys (White) -Franklin and Perdido
streets-Boundaries. Dryades. Delord. Orleans
canal, Rocheblave, Canal.
MarsoN-Girls (White)--Prieur and Palmy
ra streets-Boundaries, Dryades. Delord. Or
leans canal, Rocheblave, Canal.
MAsoN-Boys and Girls (Colored)-Genois,
between Common and Gravier streets-Bounda
ries, Rochehlave. Orleans canal, Canal, swamp.
EDM.NIAo-Girls (Colored)-No. aUs Common
street-Boundaries, Canal, river, St." Joseph,
Orleans canal. Rocheblave.
Suxons--Boys (Colored)--Perdido, between
Roman and Prieur streets-Boundaries, C nal.
river, St Joseph, Orleans canal, Rocheblave.
SECOND MUNICIPAL DISTRICT.
BIE.RVILL-Boys (White) - Bienville and
Robertson streets-Boundaries, Canal, Tou
louse, river. Rocheblave.
ROBERTSON-Girls (White)-Bienville and
Robertson streets-Boundaries. Canal. Tou
louse, river, Ro-eheblave.
DERBaIOT-Boys and Girls (Colored --er
bigny between Castomhou-e and Bienville
Boundaries, Claiborne, Broad, Canal and Ca
rondelet Walk.
RAMPART-Girls (C lored )-Rampart, between
St. Louis and Toulouse-Boundaries, Caron
delet Walk, Marais. Esplanad-, swamp.
CLA.BORNE-Boys (Colored --Claiborne and
St. Peter streets-Boundaries, Carondelet Walk,.
Marais. Esplanade. swamo.
ST. ANN-Girls (White)-St. Ann, between
Marais and Villerie-Boundaries. Carondelet
Walk. Basin. Esplanade. swamp.
ST. PHILIP-Boys White -St, Philip, between
Royal and Bourbon--Boundaries. Toulouse,
Carondelet Walk Esplanade. river to Broad,
BARRAcKs-Girls (White -Barracks, between
Dauphine end Rurgundv-Bnundaries, river,
Toulouse Basin. Esplanade.
BAYou RoAD-Girls (Colored)-Bayou Road,
between Derbigny and Roman--Boundaries.
Marais to Broad,LEpladadeto ('arond.-l-t canal.
HosPITAL-Boys and (;irls Colored-1-l Hes
tital, near Dauphine-Boundaries. St. 1'Pter.
Marais. Esplanade, river.
THIRD MUNICIPAL DISTRICT.
BAYou BRIDGE-Boys and Girls (Whit-e)-Fs
planade and White streets-i oundaries, Broad,
Orleans, Canal, Gentilly Bonad, Fair Grounds,
Bayou St. John.
LAlHAms-Boys and Girls eColoredi-La
Harpe, b tween Roman and Prieur-Boun
daries, Esvlanade, Galvez, St. Bernard Avenue,.
FILLMOE--Boys (White)-Bagatell'e betw-ien
St. Claude and Marais-Boundaries. Esplanade.
Elysian Fields. Mal igny canal. Broad street.
BE.nUREASBD-Gir s (White)-Union and St.
Claude-Boundaries. Esplanade. Elysian Fields,
Marigny canal, Broad street.
GENTILLY-Boys and (;irls (White--Gentilly
and Elysi n iels s reelts-Boundaries, neigh
borhood of Genti'ly Station.
PI',sTCATRAIN-Boys and Girls (White)
Columbia street, Milneburg-Boundaries. Mil
nebhra.
ILLEBE-BOys and Girls (Colored)--Viliere
street, between St. Anthony and Bagatelle
Boundarles, Elysian Fields. St. Bernard Ave
nue. Broad antd Marlgny canal
La BRron - oys ani Girls i(Coloreld)-Tonti
and Unragea-Boundarl s. Espianade, Galvee.
Hit, Iernard Avenue, Bayou it. John
MclDosolH No. 2-Girls, (Whit.i-Mandevllle,
btween Rampart and Mt. CUando-Bnllindarics.
river, Elysian Fields, Ferdinand. roar of the
I ;DoNoon No. i--Boys IWhitel-Mariany, be
Iween Rampart and St. (Jlat d-e-Boundari.is.
river, Elysian Fields. Ferdinand, rear of the
elt v.
;tARINY-Boys and Girls (Colored)-Marlgny
and Urqulart - lhoundaries, river, Elysian
Fields. St. F.erdinand. rear fif the city.
WAHIIINnros --- lrtl (White) - Il hartres and
l'l,,ty- lioundarles, FerdinandtoConvent, rlier
to swnnmp.
MtC .;AIt.IIY-.Boys (Whit.)-Paulin,. bet. 'tn
Chart res and ltolal-Bou ndaries Fferdlnai to
Uonvent. river to swamp.
ElM; IuA- Boys and (Qiris (C!ldored)l ---u rgtlndy
and Utingress--Boundlarirs, F'idlnand to Con
vent, river to swamp.
iANixt 'Kt-Boys and Girls (White)-St. 1Peter,
ht ween Monroe and 1Banro"k --ll undarins,
Convent to lower line of city, and river to
swnmp,.
DA UPtirlIN-Boys and (irl-s-(Colored) Clhar
tres and Monroe--oulndarias (CotveIlnt to low
or line of the city, river In swamp.
FOURTH MUNICII'AL DIHTIIUCT.
FU TOI -Boys and Glrlis-(Colorci) St. Thom
as andt Josepthln~-Biou.naries, river, Felicity
street. Prytanria, TolnlahTuo.
WLAUthoa1n-- os-(Whlitcl laWr'l and rhlhip
Boundnarhies, Ieliclt Vstlifo.. i'rytarina, Toledano
anti river.
HT. MARY--Boys and Girls--(White) t. Mary.
ltetwin Rel1igions and hIMssearl--Boundar1es,1
FlrieJtv strlet, l'rytoana, Tuledanno anti rver.
fcl)o~oN(rt No. I-Girls (White)T lanrel. io
totwfnn Philitp and Ft. At--Bonlar n es, Fellality
st'reet, Toledano. Prytanla and river.
MA.oLiA-i-Btoys and lGirls (Whiter)-aron
andrlet., betwen .ilackon anl nl Phill-Bounda
ries. Fetlicity Road, Franklin, Washingtou
an"d Prytinlia.
KRIttLkl--iliHoys and Girls (Wrhtie)-Magnolia.
Ietween Fi'lllitv and Mt. Atndrew-Boundaries,
Franklin, Toldano. Fellnity and swame.
Mr. ANoLaaw-Ihovs and Girls (Colored)-Rt.
Andreww anKdl dWiilw Hillfr Roilad--Boundaries.
Frank kn, Toledano. Felicity and swanp,
DI)nvADsa--loys and Girls (Colored)-Dryaden
andti lxth - Boundaries, Franklin, Prytania,
To'Idano and Felicity.
Liva OAR--Boys and Girls (Whitel-Constance
and Ninth- Boundaries, river, Toledano, Wash
ington and Prytanla.
FIFTH M1UNICIPAL DISTRICT.
MecDosoon No. 4-Boys and Girls (White)
P'ters and Chestnut. Al glers-Boundarios,
Aloxi.,be'tween Verret and Bartholomew.
MAol)oonu No. ri-Algliers-JIoundaries, Mar
keit striot, btetween Verrt and ---
CUTr-oFr RtoAn-Bays and Girls (C!olored)
Five miles below Algiers-Boundiaries, Cut-off
RItad.
SIXTH MUNICIPAL DISTRICT.
BRoADwAY--Boys and Girls (Whitc)-Maga
zino, between Broadwayv nud (hestnut-Bounda
rlie, Toledano Uppedlinn. river to swamp.
MoI)owoon go. n-Boys and Girls (Colored)
Magazine, near Napoleon Avonue-Boundaries,
Toledano, U pperilne, Jefferson, river to
swamnti.
Mcl)oono No. 7-Boys and Girls (White)
Milani and Chestnut- Boundaries, Tolodano
Upper Llan, Jefferson. river to swamp.
LINOOiN-Boys and Girls (Whit)--Dufossnt
and Carondolet-Boundaries. Upporltine, .ef
ferson to Bloomingdale Prylanlt to swamp.
LEONTINcs-Boys and irlis ( White)-Live Oak,
between Valmont and Ler.ntlne-Botundaries,
Upotrline, Prytania. Jefferson. Bloomingdale
and river.
(GlnRNvI,r,w-Roys and Girls (Colored)-Mar
ket.between Chest nut antId Walnut--lioundarles.
Lowerlino, Carrollton, Fvucher Park, First
street and river.
SEVENTH MUNICIPAL DISTRICT,
WAHHrN(iTON No. 2--Boys and Girls (Coloredl)
Washlingtn and Burtlhe---Boundaries -.
,JEFFI'ERON No. 2-Boys and Girls (Whlitn--.Tef
ferson anid Third, Carrollton-Boundaries, -.
Mr. Fiaguson off, red a resolution relative to
the hanging of the blinds in the M(Donogh
Sehool No. 7, which was referred.
Mr. Craig called the attention of the board to
other necessary repairs. Rteferreid.
Mr. Hlrtley presentedl a resolution relative to
the cleansing of the wnults for the year 1877, and
calling for propo als. Adopted.
He also offered a resolution 'ailing for an in
spec' ion of thie school.houses,. so as to see what,
repairs were required antd to select some per
son to do what small repairs might he found
necessary. Adopted.
Mr. Fergurson presented a resolution con
cerning the property claimed ty parties, which
property is now in sonome of the sclhool-houses,
and celling for an inventory of all school prop
erty when the means of the board would per
mit such an inventory, and at as early a date as
pranetlable. Adopted.
Col. Collins then offered a resolution that in
the examination of teachers, assistants can be
employed in preparing questions. Adopted.
The question of the election of new portresses
to the schools was taken up, and considerable
discussion followed. On motion the report of
the Committee on School-Houses was adoptoed
and the following named now portresses so
leted ;
N's. McKoon-Uppfar Girls.
AIrs. Joseph Donnelly-Lower Girls.
MWs. Mary Donnelly-Paulding.
Mrs. T. Heally-Jefferson No. 1.
Mrs. Doyle--CIlo.
Mrs. M. MoMahon-Marshall.
Mrs. M. Huckins-Franklin.
Mrs. Heyvert-Madison.
Mrs. Ellen Cronan-Fisk.
Mrs. Latey--umner.
Mrs. KIllilea-Derbiany.
Mrs. A. Funlient-Rampart.
Mrs. R. Labranche-Claiborne.
Mirs. F. Jaequet-Barracks.
Mrs. Waters-Bayou Road.
Mrs. E. McCabe-HospItal.
Mrs. L. Wynand--IByo Bridge.
Mrs. N. Marat--Laharte.
Mrs. O. l'Pablosar-Oenttly.
Mrs. M. Nugent-LeiBretlon.
Mrs. T. Rotlsrts-M'rigny.
Mrs. E. A. Allen-Washlington Girls.
Mrs. M[. Newland--1)auph nie.
iMrs. W. McDonahl-McCarthy.
Mrs. B. Donelly-Fulton.
l rs. BIrooks--St Antdrew.
Mrs. O'Connor-Live Oak BIoys.
Mrs. D). Bu rt-Leontine.
The board then nadjourned.
CANCELLED OBLIGATIONS.
The State Board of Liquidation Fund
$15,163 @4 of Old Bonds.
The State Board of Liquidation met yesterday
at the State-House, and was called to order by
Lieut. Gov. Wiltz, there being present the State
Auditor, Treasurer and Speaker, and subsequent
ly Gov. Nicholls appeared and presided.
The board then proceeded to the consideration
of the various applications for the funding of old
securities, passing upon and funding bonds, cou
pons, etc., as follows:
0. L 0. Dupuy, cashier................$30.700 00
E. J. Fnrstal's Sons................... 9.801 00
W. F. Halsey, cashier ............... 15,662 01
During the session Speaker Bush stated that
he would oppose the funding of any warrants
when they came up. He remarked that that was
his position, and he would leave the matter to
the courts to decide.
The board then adjourned until Friday at 12 m.
THE FOURTEENTH.
The movement towards closing the stores and
offices during the middle of the day on the 14th
has met with a hearty approval from our mer
chants, and will be generally followed. The day
henceforth will become one of the most observed
of all our holidays and will, to the young and old,
become tie day of military and civic parade. This
is an opportune time to push the matter of build
ing a monument, or some shaft, to mark the
battle ground and to commemorate the dead
heroes' valor.
Fire in the State-House.
At about quarter to 6 o'clock last evening Mr.
Bronlatour, the proprietor of a liquor store ad
joining the State-House, reported to Officer Flan
nagan that smoke was issuing from the windows
in the third story of the State-House.
An investigation was immediately instituted,
and it was discovered that a fire had originated,
from some unknown cause, in a dry goods box in
the store room.
The flames were extinguished with a damage
of $500. No alarm was turned in.
Sllver soaplna.
Silver oa pins, Gold Soapina. Pearl Soapina
can be found with all gr,.eurs, unless he is pre
judiced atrainst ho,me muanulacture, or is an
enemy to the South.
CUSTOM-HOUSE MATTERS.
MTILI, HANGING ON AR THE OFFPPICE
HUNTIERM.
Another Dose of Returning hoard Civil
service lieforns - A IGathering of tlhe
The remaining "outs" do not, as a rule, collect
in very large bodies in the main hall of the uns
tom-House building since the late order of the
Secretary of the Treasury, but a glance at the
sage ways and the hall on the eastern side on
any morning will prove to the most skeptical
that
TORY ARE NOT DIRIIEARTTNED
In the least, but are keeping themselves well
before the Returning Board in their desire for
positions.
Such was the oase on Wednesday morning,
when the Surveyor's office also held a dozen or
so and the office of the special deputy (with full
power) contained no less than eight or nine who
"wanted a word with him in private."
They got but little opportunity, however, as
J. Madison Wells was present and in close oon
sultation, with Tomanderson at another desk,
where it's said they were making out
ANOTHER LIST OF APPOINTMENTS
to send to Wasbhington for confirmation. Just
who the appointees will be will of course be kept
a profound seret until the list is confirmed, as
it is not customary for the powers that be to give
the publioc those whom they have recommended
and are not confirmed. Another vacancy was
created in the list of inspectors, on Wednesday
morning, by the resignation of Springer, who
was considered one of the most ef
flcient men about the building, as he
was not. only thoroughly competent but speaks
three different languages. He told a friend, on
Wednesday morning, that the powers
WEIRE AFTER l1118 sALP;
that he had hint after hint to that effect, and
that rather than let them kick him out without
cause, he handed in his resignation. And such
is civil service reform from a returning Board
John Sherman's standpoint.
After the above had appeared in our after
noon edition yesterday, Springer' was sought for
by one of his Custom-House frien3s who told
him that "It was all right" and that they were
"going to put him on day duty," which means
easier work and a dollar a day more pay. Just
what the "all right" meant Springer could hardly
understand, but one of his intimate friends in
the building remarked that it must
IE A oonD THING,
as that was the way Anderson had, when in
Washington, of notifying Judge King by tele
graph that he had received his commission from
bherman, and though the Judge did not then
appear to understand the two words "all right,"
come who knew the inside workings of things
thought that he did and didn't want it known
until Tommusanderson returned and landed with
the all right in his pocket, when he, with the rest,
would be greatly surprised, of course.
The secret leaked out though through the
DExocRAT, and all awaited Tommus's return,
expecting to see Champlin
VAMORE THE RANCHR,
as he did, Immediately upon the arrival of the
special deputy (with full power).
During all of yesterday afternoon the main hall
in the Oustom-House was comfortablyl block
aded with office-seekers, and the hall in front of e
the entrance to the Collector's office was also
crowded but that was nothing compared to the f
lot that invaded Tommus's office. He was fairly
besieged and had the roll been called of Republi- "
cans of high and medium prominence in the State
there would have been but few who were not
"present or accounted for." It was really the a
first dress parade of the forces since the State
House was abandoned. First, there was Boss q
Packard J. Madison ieturningboard Campbell
(Huge J'), Dibble, Badger Kenner. hash, Blan
chard, ex-State Senator Wharton (whose front 5
name is William W.) and a few dozen others,
Badger having just returned from Washington. °
The gathering t
WAS NOT PREMEODITATED,
but merely accidental, each "big gun" having P
merely dropped in, as it were, to pay his respects
to the Vice President of the Returning Board
(with full power), and ask him to appoint a few '
of their friends to positions. if
It was remarked that the office of the Sur- c
veyor of the Port had been removed and amalga
mated with that of the special deputy, but J.
Madison denied that such was the fact, and
stated as an excuse for his prolonged presence °
that he had to leave his own office to get rid of e
those who wanted positions. t
Packard called, he said, to r
WHILE AWAY THE TIME,
and the rest had axes to grind in some particu
lar line. The "Boss," during the conversation, 0
stated that be had just received a communica
tion by mail addressed to "8. B. Packard, Gov
ernor tf Louislana," inviting him to attend, in
some Eastern State,the anniversary of Burgoyne's
surrender, but he didn't think he would go. He 1
says, however, that he will visit Washington be- P
fore the first day of the extra session of Con- °
gress, and was particular to ask Gen. Badger if a
President Hayes a
HAD INQUIRED PARTICULARLY
for him or as to his health. Gen. Badger had
not, he said, seen the President; therefore, as far n
as he knew the President had made no inquiries
relative to Mr. Packard's physical condition.
Judge King busied himself in preparing drafts
of instrdctions to the various offioers to carry out a
the instructions contained in Secretary Sherman's
last letter indorsing the final report of the (ins
tom-House 0ommission. He seems to think that
it will cost $6000 or $7000 to consolidate all of the t
boarding stations at the passes into
ONE AT THE "JUMP,"
at the head of the jetties, and says that cannot
be accomplished without considerable trouble I
and delay, but does not seem to find any difficul
ty in carrying out the other instructions, and will
carry them into effect as soon as possible.
For several days past it has been rumored that
the colored element of the Republican' party
were not satisfied with a portion of the prelimi
nary report of the Custom-House Commission,
as, were that portion approved by the manager of
the treasury portfolio at Washington, it would
give their representatives, Jim Lewis and Ken
ner, i
AN EVERLASTING BOUNCE
from the Naval Office, or, in other words, it would
abolish that office, and although Mr. Sherman I
withheld any expression as to his intended action
upon that part of the report they feared that he
might get mad some day at the Louisiana Repub- I
lioans and abolish the office just for spite. They
consequently resolved to stick to Jimlewis and
Kenner, and do all they could to keep them in
position.
With this object in view they held one or two
meetings, the last one on Tuesday night, and
ADOPTED A LENGTHY APPEAL
to Mr. Shermah, requesting that the Naval
Office be not disturbed. They don't see exactly
where they have a fair share of representation in
the Federal offices, and set forth that they have a
large vote here and in the State, and give both
Sherman and Hayes a broad hint that they had
better not go
FOOLING AROUND THE NAVAL OFFICE,
else something might happen. The appeal, or
petition, will be mailed to-day with the names
attached of all of the prominent negro Republi
cans in the city, including the politicians, of
course.
AN INTERESTING CASE.
Planters Must Pay Licenses For Stores
Opened on Their Places.
Judge Harper, of the Parish Court of St.
Charles, recently had before him a case. of much
interest to our planters as well as to the general
reading public. Mr. F. A. Luling, a planter in
that parish, kept upon his plantation a store from
which his hands made their purchases. He was
sued by Mr. B. S. Labranche, State and parish
tax collector, for license for this store, and he re
sisted it by injunction. The case came up and
was ably argued on both sides, after which Judge
Harper rendered his decision, the memorandum
of which judgment we give below. J. D. Aungus
tin, Esq., represented plaintiff, and Julien
Michel, Esq., and N. St. Martin, parish and die
trict attorney pro tem., fLr defendant.
F. A. Luling, a citizen of Alabama, brings suit
to enjoin the tax collector, forbidding him to en
force the collection of State and parish licenses,
on the ground that he only furnishes his laborers
with such provisions, clothing and med'cine as
they need or call for, up to the amount of wages
earned-it being optional with his laborers to
take either money or bupplies; including hcquors,
from a dime's worth up to a bottlefu, to laborers
living on the plantation; and liquor is furnished
in large quantities t., laborers living elsewhere,
doing work on and for the plantation by con
tract. That he se'is goods to none for money,
and to no one else but his laborers. That he
only keeps his establishment open a short time
at noon, and again in the evening, and that it is
closed on Sundays. That the furnishing of these
s*pplies in this manner is conducive to the good
order and discipline of the plantation. That in
consequence of these and other allegations, his
manner of disposing of those goods, and his ocon
pation as a sugar-planter, paying yearly his
annual ad valorem tax on his real and personal
property subject to taxation, be is not included
among those persons pursuing any taxed trade,
profession or occupation. That if there is such a
law, it is unconstitutional, and is in violation of
his natural liberty and various fundamental
rights, and is in opposition to the interest of the
parish and State. *
This is a controversy between a State and a
citizen of another State.
Mr. Luling being a citizen of another State,
and having no other than a property qualifica
tion, according to the spirit of article 121 of the
constitution of this State, we do not think it is
competent for the court to accept him as an ad.
viser as to what is for the interest of the parish
and State. As to Mr. Luling's occupation as a
planter and taxpayer, and his relation to those
with whom he barters or exchanges his merchan
dise by retail for labor, his claim for exemption
from the payment of licenses is refated by act
No. 89 of this State, approved September 17, 1868.
The changes of their relations to society of
those who, in 18660, were then termed freedmen,
rendered the repeal of the aet approved March
21, 1866, a necessary sequence, and unless those
who were then simply freedmen, with no status
in society, and who are now free and independent
citizens, are again remanded back to a state
simply exempt from sale, as involuntary labor
ers, by the legislative power, it seems there is no
necessity for any nullifioation of the law ap
proved March 21, 1868. That Mr. Lullug dis
poses of his goods in small quantities, or by re
tail only, and at stated hours, is a matter of con
venience for himself, and he is bound by no law
in the matter so long as he pays his licenses; nor
can he evade any law by establishing a custom of
any sort in the matter. He can keep open an
hour a day, or the whole time authorized ny mu
nioipal regulations, as best suits himself; nor is
he in any manner bound to sell to any one else
except his laborers, and then only to the amount
of their wagus, so long as his regulations are in
compliance with law, which makes no distinction
or discrimination on account of race or color.
Article 18, constitution of the State,
Mr. Luling in no sense bears the relation to
his laborers as a tather or husband does to his
family, no more than a cotton planter, brick
maker, etc. As a general thing, all customers of
retail stores are consumers, and whenever Mr.
Luling passes an article over his counter to his
laborer, at a fixed price, which has in advance
been paid for in labor, he stands then in the
same relation to his laborer, only perhaps better
because he has his pay in advance, than any re
tail dealer in goods does to any of his customers.
As to his selling at cost prices and advancing the
welfare of the laborers it is only necessary to
remaik that the law, the constitution and the
great and grand principles upon which they are
founded expect every person to take care of his
own interest first in preference to that of others.
Pope says:
" Self-love, the spring of motion, oats the soul,
Reason's, comparing balance, rules the whole
That s.'t immediate good by present sense;
Reason, the future and the consequence."
While living and after death a grateful and gen
erous people will ever cherish his memory for
acts of kindness, but this court is not authorized
to exempt him from the payment of his licensee,
for his benevolent intentions and professions to
wards his laborers.
As to the tax collector's prying into Mr. Lu
ling's business to'soe whether he keeps a store,
and if so to compel him to pay his licenses, is no
more meddling with his business than the in
quiry of the assessor in regard to the amount
and value of his real and personal property sub
ject to taxation, so as to obtain equal and uniform
taxation. As a good citizen, when interrogated
min the matter, Mr. Luling is bound to answer
correctly, or he is derelict in the duty he owes to
the government. It is more beneficial to prop
erty holders and persons pursuing taxed occu
pations to furnish this information, than it is to
the State, for this is necessary to secure uniform
taxation. If this Is,termed interference, it is
warranted by law, and whenever a warrant is
issued upon probable cause, either in criminal or
otvil matters, the course is deemed neither op
pressive nor unjust, nor is it in violation of any
legal, constitutionnal or natural right; nor is
the payment of licenses by Mr. Luling in oppo
sition to any fundamental principle of our gov
ernment. Taxation, without representation by
the people, not the property holders alone or
rulers, was the battle-cry in the thirteenth cen
tury against King John, which secured the
"magna charts," and again repeated by the
colonies in 1776.
The object of this mode i to make every citizen
bear equally the burden of taxation. If there
were no taxes to be collected, all could buy goods
cheaper. The General Assembly may levy an
income tax upon all persons pursuing any occu
pation, trade or calling; and all such persons
shall obtain a license as provided by law. All tax
on income shall be pro rata on the amount of in
come or business done. * * Art.
118. constitution.
The effects of Instruments are governed by the
usages of the places where there are executed.
(0. G. 10.) The words of a law are generally to i
be understood in the most usual signification, t
without attending so much to the niceties of
grammar rules as to be general and popular in
use of words. Occupation may mean that
which engages the time and attention of a person,
without any reference to the time being contin
uous. Hence .the power of the GLneral Assembly
may, by the use of this word, be said to be un
limited, and it is limited only in a directory man- t
ner, by the use of the words trade or calling fol
lowing the word occupation. Trade may, among i
other things, mean exchange of commodities,
i. e., everything bought and sold.
When the law is express no man or set of men
can create a custom for their own benefit and
convenience and give to that custom a force par- I
amount to law. Other systems o jurisprudence
than our own may be referred to i5r light, when t
the great and leading principles of equity are in
question, in which our own is silent. But when
our own code has furnished a rule it is impera
tive, even though it be shown to be defective. It
is the occupation of distributing in various ways
the necessities and luxuries required by the peo
ple of the State that the legislative power of the
State, authorized by the constitution ot this State
and the United States, that is taxed for the sup
port of the State and parochial governments, ex
cept those raised or manufactured, and which
Mr. Luling is resisting on the plea of (recite the
allegations of the petition.)
None of which reasons authorizes the tax col
lector or this court to exempt him from paying
his license tax, but on the contrary the court
believes that the law has been expressly framed
and carefully worded, so as to compel him and all
others, whatever other occupation, trade or pro
fession they may pursue, to pay their licenses as
retail merchants. Articles of clothing or other
merchandise which he may buy, and sell ex
clusively to the freedmen or other employee, No.
123, approved March 21, 18G6, that the selling or
baiter of liquor and merchandise to laborers, is
not a part of the occupation of a sugar planter, is
too apparent to be entitled to serious argument.
The terms grocery, coffee-house, bar-room, grog
shop, beer saloons, gardens, cabarets, merchants,
store keepers, stores, commissary supplies, this
suit seems to be asking of this court a violation
of plain law under the plea of necessity. 1 An.,
115.
Because Mr. Luling chooses to limit this taxed
occupation so as to dispose of goods only to his
laborers for their labor and limited to the
amount of their labor, Mr. Luling seems to have
cjnceived the notion that, if he finds it to be his
interest to dispose of groceries and merchandise
to only a class of people, and that it be in his
interest to refuse to dispose of goods to another
class, he is not liable to pay a license; then taxa
tion for him is neither equal nor uniform, and
the United States nor the laws of this State infer
such exception only so far as relates to race or
color. There must be manifest violation of the
constitution, and without any doubt before it
will be so declared. Must not upon slight
implication a vague conjecture be, etc.
From the allegation and evidence it would ap
pear that Mr. Luling advocates a seigniorial
system in his avocation as a sugar planter, so as
to secure segregation. But the court does not in
the least propose to interfere with Mr. Lulmg's
belitf, so long as he does not make the State and
parinh pay for his doctrines by relieving him
from paying his legal contribution into the pub
lic coffers, unuer the plea of benefiting his labor
ers.
It is therefore ordered, adjudged and decreed
that there be ju !gment in favor of de'endant,
dissolving the injunction issued by plaintiff, with
costs, etc.
MUNICIPAL MATTERS.
NEEDY OHPHANM APPEAL TO THE
PUBLIC-THE CAME OF MR.
FRANK WHEATON.
Talk wlth thi(City Father% About Admin
Itrator McCaffrey's Pretest.
Col. Boylan appeared before the Mayor on
Wedesnlay morning accompanied by two youths,
who have been expelled from the St. Vincent's
Home, on Blenville street, for condoot prejudicial
to the good order of the institution and stealing
provisions and wine from the store-room. The
Mayor will probably send them to the House of
Rbfuge after consultation with Administrator
Diamond, who has charge of the institution.
Capt. Manning was also in the Mayor's oftile'to
report that the orphans of the Bt. Alphonsus
Asylum. out on Washington street, about one
hundred in number, were in a needy condition,
all that they had in the shape of provisions and
a part of their clothing
HAVINO HBgEN RT(OLEN
from the asylum during the night, nothing hav
ing been left to feed the children to-day. Capt.
Manning says that the asylum has been robbed
once or twice before, but, owing to its peculiar
situation, and surrounded as it to by high weeds,
the thieves have not been caught. He says he has
with his men made a hl(tte of the surrounding
ground, but although he suspects a set of negroes
in the neighborhood of being concerned in these
robberies, he has been unable, as yet, to attach
the guilt on any particular ones.
The attention of our merchants and citizens
generally, is called to the condition of these
orphans, whocannot even wait until to-morrow
for the assistance they ask.
TIR OAFE OF MR. PRANK WHEATON.
We interviewed Mr. Frank Wheaton on Wednes
day morning regarding the affidavit made against
him on Tuesday by Mr. Frank Fisher. Mr.
Wheaton says that Mr. Fisher has simply com
mitted perjury, as he will prove in the examina
tion of the case, and relates the affair as follows:
Mr. Wheaton, having been intrusted as expert
with the investigation of the books of the old
Metropolitan police, engaged Mr. Fisher to assist
him, agreeing at the same time to give him (Mr.
Fisher)
ONE-HALF
of whatever sum should be appropriated by the
Council for the job. When the work was com
pleted Mr. Wheaton waited on Mr. Brown, the
Administrator of Accounts, and asked him to
have the appropriations made in the name of Mr.
Fisher, Mr. Fisher having promised him to trans
fer the amount to him (Mr. Wheaton), which was
done, and the compensation for the entire work
fixed at $300.
tSunbsequently Mr. Fisher did transfer his right
to Mr. Wheaton in order that the latter should
have it cashed and for the appropriation Mr.
Wheaton obtained 8285. Of that amount he paid
Mr. Fisher $125 at the time, as Mr. Fisher ac
knowledges, after having previously advanced
him $80, making a total of $155 paid to Mr.
Fisher.
Mr. Wheaton adds that he not only did not keep
any of the money for himself. but finds himself
out of pocket to the tune of $75, he having paid
to Mr. Wm. Meyers $100 for services as clerk, for
which
vHE PRODUCES A RECEIPT,
besides paying $55 to Messrs. Phelps, Thomas,
leynolls, MoUann and others for night work on
the books in sums ranging from $10 to $50.
Administrator Oavanac informs us besides, that
the appropriation was made with the understand
ing that the amounts referred to above, advanced
by Mr. Wheaton, were to be reimbursed to him
and the balance was to be paid to Mr Fisher.
We had a talk yesterday with the Mayor and
several of the Administrators on the protest of
Administrator McOaffrey, presented to the Oonn
cil on Tuesday, and wore Informed that the mat
ter would receive their attention in due time. As
far as we could learn the charges will be refuted,
in some cases severely by comparison and other
wise.
We will endeavor to give in brief some of the
answers touching the charges of the Administrator
of Improvements.
Regarding the charge that the ordinance re
quiring the removal of whole blocks of rookeries
and shanties on the levee has not been enforced,
it is asserted that no such rookeries or fence now
exist on the levee except two or three small pea
nut stands, occupied by poor women who carry
on their small trade with free permits from the
Mayor.
Regarding the building on the levee opposite
the Vegetable Market,
TIHE MAYOR SPEAKS
as follows: The building, which is on the river's
edge, belongs to the city, and was erected several
years ago. Before the ordinance was passed it
was claimed that Mr. Lamia paid a rental to the
city for its use and a liquor license besi'es,
amounting to several hundred dollars. That the
building was, besides, very useful as a shelter to
the longshoremen and the people who traffic in
large numbers of loggers and small boats landing
near the building.
Notwithstanding these considerations he signed
the ordinance, and believing at the time that the
building might be used for a police station, in
structed the surveyor to examine its crndition.
The report of the surveyor was that it could not
be moved to the head of Canal street. Where
upon, the Mayor, not knowing what to do with it,
tolerated Mr. Lamla in its occupation until an
opportunity presented itself to utilize it.
Then comes the charge that
THE CITY WORKHOUSE
is still in the keeping of the Administrator of
Police and not under the control of the Adminis
trator of Waterworks and Public Buildings,
according to the ordinance abolishing the Work
house. This charge is met as follows:
The buildings are no longer used as a work
house, although it is occupied by four men under
the control of the Administrator of Police, two as
day and night watchmen and a carpenter and a
blacksmith. That it is used as stables for the
charity and police wagons and horses, and the i
manufacture of coffins for the indigent dead.
That after the passage of the ordinance abolish
ing the Workhouse, Mr. Mcraffrey himself voted
for the confirmation of the employes named 1
above. That Mr. Edwards. who had reported in
favor of abolishingithe Workhouse, voted against
the ordinance because it contained a clause put
ting the Workhouse in
THIS PECULIAR MANNER
under his control. That at all events the city
charter puts all public buildings under the super
vision of Mr. Edwards as Administrator of Pub
lie Buildings.
Regarding the wharf ordinance, it is asserted
that nobody understands it better than Mr. Mc
Caffrey, who, by the city charter, is made the
general superintendent of the construction of
and the repairs to the wharves. That the ap
pointment of Gen. A. G. Blanchard to represent
him, Mr. McCaffrey, in superintending the work,
was superfluous and a piece of extravagance,
since there is
A FIT AND COMPETENT
official, in the person of Deputy Surveyor L. H.
Pilie, already appointed to inspect the work on
the wharves.
As to the charge of buying flour in quantities
exceeding $500 in va'ne, it is answered that the
flour is bought only in small quantities, the arti
ole being a perishable one, and that the figures
of Mr. McOsffrey only show what is paid month
lv for flour. It is further said that at all
events it will compare favorably with his per.
sistency in digging out the Toulouse street canal
at a cost of fourteen or fifteen hundred dollars, in
direct violation with the contract system, there
being particularly no doubt when the work was
begun that it would cost over five hundred dol
lars.
And many other things are said which we do
not publish from want of sufficient data at
present; but, as we have said on
A PREVIOUS OCCASION,
the indications are that matters will grow livelier
every day at the City Hall, and if there is no
bombshell to burst-well, we shall have been dis
appointed.
THE COURTS.
United States District Court.
Suit has been entered by the government
againts J. H. Lynch and P. O. Peyroux on an
import bond.
Third District Court.
In the case of John McCaffrey, Administrator,
vs. Chae. Cavanac, Administrator, defendant yes
terday fl!ed a motion to dissolve the injunctions
obtained by the plaintiff on the following grounde,
viz:
1. That no legal cause or right thereto has
betn set out by plaintiff, and that the restraining
ordert hetfei' limed is bototry to the laws com
posing the city charter and the general laws of
the 8iate, and ordinaume of the Olty Council No.
- passed.
2. That the actions and duties of the defendant
assigned and determined by said ordinance No.
-, or the statutes cannot be obstructed or re
strained by this honorable coflrt, which is bound
to execute said ordinance, and cannot prevent
the enforcement of the legislation of the City
Council.
3. 'That the injunction should have been taken
against the city of New Orleans, the execution of
the laws of which art' here sought to be perpetu
ally restrained and of which corporation mover is
only an officer subject to the control of the gen
eral council.
4. That the wrongful acts of Administrators as
against eaoh other are punishable by impeach
ment before the Council, which is the only rem
edy given, and not such as has herein been re
sorted to.
Judge Monroe issued an order commanding
John Meoc firey, Administrator of Improvements,
to show cause on the 8th day of September, 1877,
at 11 a. m., why the ijnonction herein issued
should not be alesolve'1, reserving to mover his
right and the city of New Orleans its right for
damages and costs and for general rollef.
Follrth Distrclt C.urt.
Alfred 8haw has filed suit in this court against
the Home Missionary Boo ety for $1300 on several
mortgage notes.
Mlxth District Court,
Application on the part of EI. Petitpain for a
habeas corpus, acoused of being accessory with
White of the killing of Carter, was filed before
the lixth District Court and was fixed for trial at
noun.
The atorm.
During the heavy storm that prevailed vester
daylbetween 12 and 2 o'clock,the Ocean Dry Dock,
with the steamer Texas on the outside, was blown
from their moorings and drifted outside of the
Marine Dry Dock. They were afterwards towed
back to their moorings and made fast. The only
damage done was the breaking of the steamer
Texas' stage.
ACCIDENT ~o. 2
was the tearing up of a pie in the bank opposite
Mahoney's brat house, which struck a horse that
was standing near and seriously injured its left
shoulder.
Academy of Munsic.
We are informed by our young sad ever
amiable friend Fred. Manberret that he will open
the box office of the Academy of Music on Satur
day morning, when there will, he expects, be a
big rush for seats to see Le Commandeur Gaze
neave, whose reputation as a magician is spread
already from the 'acifio to the Atlantic, and will
extend from Ihe Canadas to the Gulf of Mexico,.
On Sunday, the opening day, Cazeneuve will give
his first entertainment in prestidigitation, when
he will introduce his extraordinary feat known as
the double Indian mail, said to be a most mar
velous achievement.
Railroad Personals.
BY THE JACKsON nOUTE.
The departures by this route last evening were
as follows: D. P. Behnett, Montgomery, Ala.;
Miss Ella Gilmore Thos. Gilmore, B. Nugent,
Waukesha; s. Bach, Miss Mary McGloin, St.
L'ois; E. P. Ohamplin snd wife, J. A. Walker
and wife, Chicago; 8. L. James, H. W. Finney, J.
i. Horsey, Niagara Falls; E. E. Allmans and son,
Boston: Jno. J. Baker, New Yock; F. C. Engle
sing, Jr., Joe. Englesing, Lynchburg, Va.; Dr.
W. B. Woods, White Mountains, Vt.; 0. It. H.
Cottrell, agent Merchants' Dispatch Transporta
tion Company, North; Joe. Dresher, Hot Springs;
J. If. Whitfield, Charleston, S. 0.; P. Lewis, Mt.
Louis; J. M. lRoss, Macon, Ga.; A. Farjacks,
Philadelphia; B. F. Williams, Knoxville, Tenn.
Brevities.
The Fenian Base Bail Club, Juniors, under its
present organization, effected some time ago, are
now working and playing under the following
officers: president, G. Mullan; vice president,
Wm. Heaney;" captain, Wm. Flanagan; secre
tary. Tom Lynch; treasurer, J. Shtlutz; stew
ard, J. Hess on. These are the principal players,
the other three being J. O'Hara, first base; R.
Awift, third base, and T. Canovan, left field. The
club will on Sunuay next, at the foot of Canal
street, play the Lotta club, and after that will
move their grounds to Delachaise.
By reference to another column it will be ob
served that Gen. F. N. Ogden has assig.ed (Col.
W. T. Vaudry to the command of all ununiformed
companies, etc., on the 14th instant. Col. Vaudry
desires the commanders of all such organizations
to meet at the BStock Exchange on Friday evening.
ishort Items.
Kitty Jonas, Fannie Biohardson, Virginia Alley,
Susan Dalcour and Mary Betan are putting up at
Capt. Kelly's hotel. on the charge of having
stolen $20 from L. Gruber.
Wm. Benjamin a chap without occupation,
was immured in the Sixth Station, charged with
using anything but flowery language and also as
saulting Mons. Lopez with an ax.
Being a dangerous and suspicious character is
the charge that holds Horace Franklin in the
Sixth Precinct.
Corporal Dwyer Tuesday night gave chase to
two negroes who droppe4 a valise containing
some brass cquples and cape.
At half-past 6 o'clock Tuesday evening a diffi
cuity took place at the corner of Delord sod
Camp, between one Doherty and a man named
Doyle, which terminated in the latter being
shghtly stabbed in the left breast. Doherty was
not arrested.
John Anderson is in the little cottage by the
sea, or rather R.ourke's calaboose, on the river,
charged with obtaining goods under false pre
tensee.
Edward Harris, alias Walsh, was arrested by
virtue of a warrant and locked up in the Central
Station, charged with having stolen $32 50 from
house No. 14 Basin street.
Peter Keller was arrested on a warrant issued
at the request of Dominique Rausse and im
mured in the Central Station, charged with steal
ing $102.
Yesterday Ohas. Funk was bitten by a rabid
dog at the house of Mrs. Halsworth, No. 104
Cypress street. The animal was shot and killed
by the owner.
Yesterday Officer Robinson shot and killed a
rabid dog on Common street, between Derbigny
and Roman, the animal having bitten Mike
Mulales.
Ho.c. A;ATIN.-We are pleased to notice the
return to this city of Dr. Geo. J. Friedrichs, the
popular dental surgeon, who can be consulted
at his rooms, No. 15 6St. Charles street, corner of
Girod. where he is prepared to undertake and
perform everything that appertains to his pro
fession. Dr. Friedrichs is too well known
among us to need commendation as a dent st of
the highest order.
Gold soapina.
If you don't find Soapina which is manufar
tured with horax the best of a:l soap, J H. Kefl
ler, 11o ravier street, the inventor and pate nte,
will pay you double the price you paid for it.
Seven dollars a week is all that IMcCloskey
asks for board at his restaurant, No. To St.
Charles street.
U. S. NARSHAL'S SALES.
UNITED STATES MARSHAL'S SALE.
i UNITED STATES VS. JOSEPH HAMPTON
ET ALS.
- In the United States Circuit Court for the Fifth
Circuit and District of Louisiana-No. 8-tz¢7.
' TY TVIRTUE OF AN ORDER OF COUPRT TO'
1. me directed in the above entitled suit. I will
proceed to sell to the highest bidder, on FRI
r DAYT. epte'her 21, .s, at 12 o'clock m.. at the
Courthouse, at Lake Charles. parish of Calea
O si.l, in this State
NINE , Y-FIVE THOUSAND LOGS, more or
less, lying and being on Blackman's Bayou,
Bayou S-ropnt. Sabine river. Houston river.
Indian Bayou, Whiskey Chitto Bayou, Barnes'
('reek. Prkins" Mill. Norris & Co.'s Mill. and
Gill and Platz's Mill: about 4(,si railroad ti. -on
Sabine river, and .,5)' feet o'f lumber at mill ,f
t Norris & (o.
s.'ized in the above suit.
Term--The property to be sold in lots of the
same' brand as expressed in the inventories ,:n
ti":e at this ofl.,e. and for an average vri'o per
log -the purchaser to pay the amount of his bil
' in cas'h at the time ol a.dludica:ion. and to re
ceive dtlivetry of the p~sscsiion of the property
purelhased at the Io'ality where the same lies.
i, Unitled States Marshal's office. New OrleaLs,.
third day of S'ptetuh'r i877
a JACK WHARTON.
g sos 11 1t 21 ~ nited btates MarshaL