Newspaper Page Text
?S Att Assasaklh33T.
6 ifewec Its Work and 0is
ebaiges Its Clerks.
the Department of Assceomente
tie samming up of the State "esae.
k b fe parish of Orlans. the totals of
ment Dictrim. ... 5r7,110
ment District ".012.305
eat Distriat . r00ou
meo Ilstriot . 12,27211s
t Djtriot.. . ... 1p.1,0,o 1
cment lI .rl.t . . 11,:11,s0«
mo ntDistl t. . 7.11I1.38h
ment Lltrlot. .4.072.135
at sot..ctr . 5,779,735
We tDtitrlo....... 0., .1415,0
Dis tr t...... 4,81p.1002
Asseusment Di triot .... 2.017,230
ee nt Distriet ..... 58171,400
ment District......... 1.022,140
cament District .... 1.157,700
amount should be added $16,151.
it premiums earned by insurance com
of which are in the fourth Ascesmment
id giving a grand total of $100,99M,801,
with the municipal assessments
lice in the following facte: While
always assessed the Sugar Shed
Moely did not for a certain period,
e loot city assesement rolls the as
Athis eorporation for three years are
while the city imposes a tax
the State does not; the diference in
alone being $1,929,970. The state,
in the matter of the tax on "for.
according to State law, Is taxed
ic exceeding $500, while the city
t0 of furniture from taxation. The
_ on this item is $446,850, and that
of the Department of Aeecsemente
,the olerke have been notifled
4t4nieM will not be needed after the
tIMAEKBT REVEN VMS.
1OM als Rejected, and the Mar
*~arei to be sold on Sealed
b6 revenues of the various markets
wes offered for male at public ano
Oity Hall. We append the prices
as -well the prices at which they
e-N. Froyohoux eas" s3oo
N . Bondot.......... 2325 2360
il-C. Foe ....+... 2740 2765
bpdPrt--Jaoob Holt.. 185 1n0
-JojJn Larrieu, Jr....... 230 210
tDantgon............ 23 20
tre............... 440 425
Olnverie........ 1640 1600
q Machado*.....**** 125 135
y............. 180 180
D tm1S re ... 520 540
.en r .......... 38 00
. sthuiran:::.. 1805 1780
.........*--- --....15,050 615.505
as compared wish last month,
hbould have bn an Increase. In
i has been deemed advisable to ad
roposals for the revenues of
Pqydras and Pilie Treme, St.
Magine, Ninth Street, Cli.
Markets which will be re
Hall until *ednesday, the 28th
G BAS QUESTION.
tee Ready to Nand In Their
Iee appointed to inquire into
and to aerealu the most
mamsas of street illubination that
lobpted by the city, will make
to the Council to-day. They
that the proposition of
Gas Compa v made to them
and that of Mr. pickles, whn is
toc lightning the city oil lamps,
li Isi contract.
IY'S LEGAL TROUBLES.
Market Case - The Gaines
2o the decision of Judge Billings of
tee District Court, refusing the in
b the city against the execu
tia favor of John A. Morris,
that the city has other recurses
mough to obtain the injunction; that
abltade it is simply a denial to grant a
alty against a judgment at law.
s in the matter will therefore
of Mrs. Gaines, Mr. Wilder, waited
y yeetrday to inform him that the
aothls city, several days ago, referring
:- OAXnos CABS
relation to her suits against the city.
It seems has simply applied to the
ea Lands of the Federal House of
to be put in possession of scrip
lorlds lands, the property of the de
RYDR4SBRAPEIC C ORMISSION.
tel Gkates Propeller Enterprise
Relieved to be Safe.
Weitsel and Major Benyaurd took their
y. Before leaving Gen. Weitzel
with Col. Bobert Wood to inform
to time of the progress of the hy
sarvey. The resident members of
nn, Major Howell, State Engineer
ad yor d'Hemecourt will begin
the work as soon as the U. S.
arrives here. The delay of
asoribed to the storm by which
was lost, but no danger is apprehend
as she is said to be one of the
ED NORMAL INSTITUTE.
has been formally opened, with
atnd Miss McKindle as teachers.
over twenty apsications from per
qems for admiseson to the schooL
TEE CITY PARKS.
Citlien Manifests his In
ahrest in Them.
lnfoains us that he has received
h highly respectable and enterprising
to be one of five hundred
tribute ten dollars a month
the improvement of our city parks.
would realise $60,000 a year.
"nvI on to the China Palace.
Sewing Machine. 185 Canal
lii smiry oF LOUIseIANA. A
ti L aw Department Last i
at the University building at the
and Dryades streets, there
* arge and most select audience,
of the bar and law stn
Manning and the associate
to laita to the open
Randali BHat, president.
Meatorn ad foreibi.e
g ags of the law.
4&1 sat r or~o as
ot the i
Kin JuIse, w tadb g the oertll f
In a glowlug s of oratory he extolled the
bar as a part almost of our naMional system of
7overnmen and ther referring to the universit
Pittl prgethe propagation of professlonal
knowledge. Turnlp to the Chief usttioe he
I thanked him for his presence, and closed his
splendid effort with one of his magnetlo perora.
Tlans. He spoke over an hour.
The Introdnotory lectures of the other law pro.
feesors will follow.
Bead Navra's Invitation to the China Palae-.
'Half a Million of "Indebtednems" Ground
out by the Republican 3i11.
Gov. Nicholls being absent from the city yes
terday, nothing was done at the Executive office,
and but little of Importance transpired in the
office of the Secretary of State.
As stated in the DUMoORAT some days ago, the
Auditor has discovered from the data left in his
office that the total amount of State warrants
outstanding and issued from 1886 to 1878 Inlo
clve amounted to $274,421 94. Of this amount
THE TOTAL OUTSTANDING
for the years named Is as follows:
1865............................ $88 78
1860........................... 708 75
1887................................. 6,889 17
1868................................. 11,454 45
1869 ........................ 2.6,418 41
1870 ......................... 1890 70
1871.......................... 28.015 78
1879 ......................... 184,2 07
1873 .......................... 20,179 99
The issue of warrants for the year 1874, not in.
oluding those funded during the Star Cbamber
sessions of the Kellog Funding Board, amount.
ed to 8568 719 15, and it is believed that the Issue
for 1875 will be fully as much if not more.
The minutes of the Star Chamber Board al
luded to fall to give any exact data as to the
amount or series funded, consequently it is lIm
possible to ascertain at present how much
THE KELLOOP BOARD FUNDED,
but it is thought that data can be secured suffil
loent to give an idea of the amount, which, when
found, will doubtless be included in the detailed
report now being prepared by the Auditor for the ý
Rumor has it at the Governor and the Super- ý
intendent of Public Education aontemplate an ex
change of oficoes that occupied by the latter
being more enitable for the Execnutve than the ý
rooms he now occupies.
Read Navra's invitation to the China Palace.
FUNERAL OF ANDREW E. 0UIMITT.
Yesterday the remains of our friend, the
lamented Andrew B. Schmitt, were laid away
forever by sorrowing friends.- Out short just at A
the opening of a career which was rich in promise I
of a full frullion, his demise has created a deep
feeling of regret in our commercial community.
Needing recreation from business, on Saturday
last evenuing, in the company of some friends, he
went a abort distance rp the Iackson Railroad on a
hunting expedition. Arriving at Bayou Laooumbe A
the party eoparated, and, as the hour for starting
homeward arrived, Mr. Schmitt was missing.
After a search hie inanimate body was found to
the posiion death had come upon him.
The cortege yesterday was of a very impres. c
sive character. The Continental Guards, with 1i
arms reversed and Marching to the solemn notes
of the Dead March, led the line followed by the 0
Germania Lodge of Masons. lthe new order of
"Apia Mellifica" oame next, and a long line of i,
When the procession reached Olaiborne street,
on its way to the Metairie Cemetery, and adding
much to the impressiveness of the occasion, the
Thirteenth Infantry Band, in dirgefal strains,
played " In the Sweet By and By," whilst the
Continentale presented arms to the passing
Taking oars at this point, the organizations
went to the tomb, where, beneath the quiet after
noon's sky, dust was given to dust, and a gener
ous man and noble nature passed to the "dweet
By and By."
Bead Navra's invitation to the China Palace.
The Sporting Season in Full Blast-Ex
plolts of Our Ninrods.
Several hundred sportsmen sought recreation
and diversion on Saturday in excursions to the
surburban hunting and fishing places. The
trains of last evening brought them alU home,
and despite the unfavorable conditions of the
day, in the prevalent high wind which swept
over the fiat surface to which their operations
were confined, we were pleased to discover that
they returned with good bage. In the pisca
torial line the triumphs were hardly worthy of
record. That veteran Waltonian, Ballejo, was
the only one who appeared to have achieved any
encouraging results; his string of base, caught
in Pearl river, though not equal to his usual
achievements, was quite an appetizing picture.
It required great knowledge and skill to And out
the locality where such fish could be captured'
The constant flow of so great a body of Missip
sippi water through the Bonnet Carre is still the
great obstacle and detriment to the fishing pre
serves along the whole gulf and lake coasts.
Nearly all the good fish appear to have been
driven off, and the oysters are rapidly disappear
ing or sinking into a tasteless and insipid condi
tion. Even the bass, which is a fresh water fish,
has no fondness for Mississippi water, and as
for that gamest of fish, the red fish, which
used to abound in the back bays and coves, he
seems to have taken his whole family to the more
saline and agreeable resorts in the Baratarian
region, west of the Mississippi. Nearly all our
good fish and oysters come from this region or
from the Alabama and Florida coasts.
The sport of ducking along our bayous and
rivers in the vicinity has opened promisingly.
The returning Nimrode of Sunday from the Chef
Menteur, Lake Catherine, Miller's Bayou, Pearl
River, accessible by the New Orleans and Mobile
road, and those from Bayou LaBranche and the
region between the city and Bayou Manohao,
were festooned with heavy strings of ducks,
whilst their bags protruded appetizingly with
jackenipe, quail, doves and robins. When the
ducks were scarce or too scary their places were
supplied by poule d'ease, that invariable resource
of the unfortunate duck hunter. The ponle
d'ean, in an emergency, is not a bad substitute
for the duck, both in sport and on the table
only he is much easier to shoot and much harder
to eat In a salmi, when carefully flayed of his
tough epidermis, a sportman'a or an African's ap
petite will not revolt from him.
Bead Navra's invitation to the China Palace.
New American Sewing Machine, 185 Canal
i Shippers of Foreign Express Goods.
In another column will be seen the card of
Augustus Dunlop, 6s Broadway, New York.
This gentleman has great facilities for conduct
ing the brokerage and foreign express busi
ness, and our merchants doing business abroad
will no doubt find it to their interest to ship all
cotton samples. etc., through Mr. Dunlop.
SEED POTATOEs.- Mr. A. Egan, of 86 Tchoupi
toulas street advertises a large lot of Jackson
Whites and karly Rose. Persons desiring to
purchase would do well to call on Mr. Egan, for
they will not be able to get elsewhere potatoes
with any more seed in them than his have.
Bead Navra's invitation to the China Palace.
There can be few who are unaware of the
delicious relish that the use of Lea & Perrins'
celebrated Worcestershire Sauce gives to meat.
els a , soup. ee.as it has a popularity
ooe~gthe last fifty years- It has recently
greptatl reduced in riceo iverexcellec
sow epf at theism mbowteveondmiall
STILL ON THE RAGGED EDGE--TEE
LATEST ARRIVAL FROM
And What He Sars about Conover, Pat
tenon, and Packard's Lunch
Yesterday afternoon dispatches to prominent
Custom-House Republicans did not suit them at
all, as they announced that the Butler controver
sy had postponed action in the Slpofford.Kellogg
case until to-day. Some were sanguine, how
ever, that Kellogg would eventually win,while one
expressed his doubt, fearing, as he said, that even
if Patterson and Conover voted for Kellogg there
mlgl be two other Senators who would either
absent themselves or
VOTE AGAINST RELLOGG.
Gen. Hugh J. Campbell, who left Washington
Thursday night, arrived during the day, and late
in the afternoon called at the office of Collector
King, where, In reply to inqliries propounded,
he state that Patterson and Conover were
pledged to vote for Kellogg's admission to the
Senate, even though thea did vote for the admis
slon of Butler, which Gen. Campbell thought
they would do. Their pledge, he says, expires
as soon as the Butler case is decided, and that, he
thinks, must be decided before the Louisiana
case is touched.
Packard's lunch with the President was
alluded to, and while Gen. Campbell declined
giving a direct answer as to whether Packard's
call was made at the President's request or not,
the conversation that followed left no room to
doubt but that the call was made upon the invi
tation of the President or some member of
THE KITOCEN e AHINET,
and subsequently the President stated that he
was glad be had met Mr. Packard and formed his
acquaintance and further, that he was favorably
impresselI with him. Gen. Campb 11 d14 not
know what the President's couise would be in
case the Senate did not confirm Lawrence, but
from remarks dropped it is inferred that in such
an event Packard will be nominated as the Col
Collector King has, It seems, changed his views
as to his tenure of office, and is now of the opin
ion that in case there is no confirmation of his
successor before the expiration of the extra ses
slon of Congress his special deputy, Anderson,
assnmes entire control of the Collector's office
and holds it until a Collector is appointed and
. This opinion, the Collector says, Is based upon
a section of the law which he had not previously
examined, and is, no doub', the secret of Ander
son's telegraphing the Collector as he did to
BEND HI RESIONATION
Information received at the Onstom House Is
to the effect that Gen. Barney, Speclai Treasury
Agent, who has been located here some months,
has been ordered by the Secretary of the Treas
ury to Charleston, S. C., and Col. D. A. Nevin to
AND THE GIREATEST OF THESE IS
We give precedence to Mr. Chas. MoEvoy in
noticing the amusements. This is due to his
liberality, already frequently manifested in the
cause of oharity.
The most recent instance occurred last even
ing, when MoEvoy's Hibernocon and his comedy
company appeared at St.Patrick's Hall for the ben
efit of the orphans of the Asylum of St. Vincent
de Paul. To-night Mr. McEvoy lends his own
talents, together with that of his company, and
will show his handsome panorama at St. Theresa
Hall, on Erato street, for the benefit of the
IT. THERESA PARISH SCHOOL.
The admission price will be fifty cents for
adults and twenty-five cents for children. For
the same commendable purpose another per
formance will be given on Wednesday, at the
same place and at the same price and in order
to make the liberality more complete, there will
also be a matinee on Wednesday at noon, when
the prices will be only 35 and 15 cents for adults
and children, respectively.
There are few seats left for the opening Light
of the Fryer-Pappenheim Opera Troupe (in
"Trovatore") on Wednesday evening. The box
sheets for every performance during the week are
open to the public.
At the Academy Milton Nobles repeats, to
night, the "Phoemx," whilst at the Bt. Charles
Macallister will give another of his performances
in magic, giving away one hundred presents
again, including a marble-top dressing bureau.
The first prize was won last night by Master
Horace Cammack of No. 125 Constance street,
who held the number 71.
Last evening the young gentlemen of the As
sociation Dramatique Orleanaise gave one of
their complimentary entertainments, comprising
those two excellent French comedies entitled
"L'Infortune Caroline" and "Lee 37 Sons de
M. Montaudoin." The performance closed at
such a late hour that we are deprived of the
pleasure of speaking of it at length. It was
most creditable and attended by a throng of the
handsomest portion of the inhabitants of the
down town districts of the city.
The German Dramatic Company
will, to-morrow evening, present the play of
"Unter der Erde," with the full strength of the
company in the cast.
The Washington Artillery Organize a
Corps and Dudley Selph
Since the return of the Crescent City Rifle Club
from Creedmoor, Capt. Dudley 5elph, of the
Washington Artillery, has made a successful ef
fort to organize in that battalion a corps of
sharpshooters, the ultimate object being to or
A MILITARY RIFLE TEAM.
Hardly a Sunday passes now that some ten or
fifteen of the corps do not avail themselves of
the Crescent City Rifle Club's invitation to "use
Frogmoor" to their heart's content, and some
of the scores made would reflect no small credit
uponD the corps were the members thereof not
too modest to have them made public.
The practice is, of course, with the military
rifle, at 200 yards, off hand, and the fist ten
shots are those scored. It is the purpose of the
battalion, it is said, to keep up the practice until
next season, by which time a team will have
been secured that can compete with any of the
organizations that usually participate in the
competitive military shooting at Creedmoor.
THE TEAM SECURED.
they will be sent to Creedmoor next year, when
they will be expected to show the result of their
training under Capt. belph and, no doubt, that
will be done.
Bead Navra's invitation to the China Palace.
YESTERDAY'S WEATHER BULLETIN.
Frigerio puts the lowest temperature on Sun
day at52 degrees, and on yesterday, at 6 a. in.,
at 46 degrees, the lowest point during the nights
of the 24th and 25th being 42 degrees, while on
yesterday morning early a white frost was visible,
making the second during the presnt month.
The signal service telegrams of yesterday in
dicate a lower temperature in nearly all of the
Western cities, the lowest being along the Mis
souri and Mississippi rivers. There was a differ
ence even of 13 degrees between this city and
Memphis, the mercury there indicating 52 de
eswhile here, at the given hour, it was 65
HO I FOR THE RACJI8.
The noie of qprepgaration that have been
somuaed fr tin `INN week have swaskeat a re.
th #Ipw the
for Iglirday, ad parity. d already forming to
visit the Louisiana Jockey Club Conres for the
The first event is the hurdle race for $800, for
two miles, over eight hurdles. As this is a favor*
its event with the ladies, and as the field will be
large, we may expect to see the grand stand re
splendent with beauty.
The second race is the Blooomb stake, and the
third the club purse of $400.
[Merchants and others Interested in cases in
the distriot courts, as principals or as witnesses,
can be notified by telegraph when to appear in
court, thus avoiding the necessity of a constant
UNITED STATES CIRCUIT COURT.
THE BAZAAR MARKET.
Judge Killings Sustains the Seizure Made
Under the John A. Morrls Judgment.
The following is the judgment rendered by
Judge Billings yesterday in the case of the city
of New Orleans vs. John A. Morris, wherein the
city asked an injunction forbidding the seizure
and sale of the Bazaar Market to satisfy a judg.
ment obtained against the city by defendant.
The judgment covers many important points,
and we therefore give it in fall:
The city of New Orleans vs. John A. Morris.
This case is before me on an application for an
Injunction. The bearing Is upon the bill, the
sworn answer, aflidavits and a counter affidavit.
There seems to be no dispute about the facts.
On the 26th day of May, 1875 the defendsnt In
the bill obtains d noon the law side of the court a
judgment againes the complaint for the sum of
liftL-three thousand dollars with interest. A
plurias writ of fiert fauras has issued upon this
judgment at law, and under that writ there has
oeen seized the interest of the city in a "Bazaar
Market," and the land on which the same stands.
In the year 1869 the city owned a piece of land.
It executed a contract with William H. Wells
whereby he was to construct a building which
was to be used for stall, for the sale of merchan
dise, q'.rrltusioe qf fresh mterits, srtU mneafs, jish rand
svegetables. The contract with Wells strictly fol
lowed the terms of an ordinance of the City
Council, which ordinance declared that the said
building was made a source of public revenue.
The building was constructed and leased for the
period of ten years. Bent notes were given, but
prior to the seizure the unmatured notes were
withdrawn and delivered up to the maker. '1hbe
seizure is of the interest o- the city, subject to
all the lease hold rights of Wells and his assigns.
This is a bill in equity, then, to restrain the en
foroement of a levy under an execntion issuing
upon a judgment at law. The bill sets forth two
grounds upon which the judgment is sought.
First, that the property seized is a source of pub.
lie revenue to a municipal corporation, and there
fose is not liable to seizure under all fa. and sec
ondly, that the obligation on the par$ o/ the city
upon which the judgment was obtained, pledged
in perpetuity to the obligee certain property and
created no other obligation, and that therefore
the plaintiff in the judgment at I ew, the defend
ant here, cannot resort to other pr, perty of the I
defendant beyond that to which he was restricted I
in the obligation. First, that the Bazar Market
and the ground upon which it stands are not sub- l
ject to seizure, because they are sources of public I
revenue to the city.
It was conceded by the solicitors on both sides I
in their very able arguments that certain prop- I
erty belonging to the city is exempt from setz I
ure; the discussion upon this branch of the case
being altogether as to where the line limiting the
exemption should be drawn. Much light is
thrown upon this subject by a careful considers- I
tion of the decisions of the Suoreme Court of I
Louisiana bearing upon it. In Edgerton vs. the
Third Municipality, 1 An., 435, it was held "That 1
taxes were not the subject of a levy under an exs- I
otion." In that case an attempt had been made t
to garnishee the tax payers. In the case of the I
Police Jury of West Baton Rouge vs. Michel, 4
An., 85, it was held that the court-house and
jail of a parish wore not subjects of t
seizure. In the case of Municipality No. 3 vs.
Hart, 6 An., 571, it was held that the s
funds collected on judgments for taxes in the t
hands of a constable were not liable to seizure.
In the case of the New Orleans and Carrollton
Railroad Company vs. Municipality No. 1, 7 An., t
148 It was held that ' ground rents to
which the Legislature had given a destination or
appropriation, as a portion of the permanent c
revenue of the city to enable the municipal an
thority to exercise its powers of pohce and gov- f
ernment, were removed beyond seizure." e
The Circuit Court in the case of Peterkin vs.
the city, 2 of Wood's Circuit Court Reports, I
page 100, and in two unreported oases, that of c
Hayem vs. the city and Klein vs. the city, No. F
7801, has followed the law as laid down by the t
Supreme Court of this State. In the first of t
these cases the Circuit Court held that "money a
which had been received in payment of taxes by t
the city was not from the mere fact that it was d
deposited in a bank made subject to seizure."
In the case of Hayem against the city, it was I
held that "a party who had given rent notes as n
lessee of what was beyond all dispute a market, t
could not compensate against these notes the b
ordinary obligations of the city." The case of II
Klein against the city was was but a reiteration of a
the doctrine laid down by the Supreme Court of l'
the State in the case of the Carrollton Railroad n
Company above otted.
An analysis of alt these decisions shows that 0
the exemption has not been extended beyond ib
two classes of cases. The one where the prop. 'E
erty seized, as in the case of taxes, court-houses,
jails and market. was of such a nature as to be I
necessary to the continued exercise of the funa- i~
tione of the corporation, indeed, to its very ex
istence; the other, where the property has been it
destined and set apart by an act of the Legisla- C
ture as a permanent revenue of the city or a
source of permauent revenue. r
Does this case fall within either of these d
source ox permanent revenue.
Does this case fall within either of these
classes? If a market baszaar, that is to say, a
place in which merchandise is sold and pur
chased, but from which traflic in all comestibles
is excluded, can be considered a market, it w( uld
fall within both of these claeses; it it cannot be
considered as a market, then it would fall within
neither, for it is not contended that the Legisla
ture has given the city any authority to establish
a market bazaar unless it be contained in the
general authority to establish market places.
The nature of a market, to wit, a place where
vegetables, fish and meats of all sorts are fur
nished for the daily sustenance of the population
of a city, makes it an incident and indeed a
necessity to a large and populous town.
The establishment and regulation of such
places is but the exercise of the police power of
a city for the preservation of the health of the
citizens, but with reference to a market bazaar
no such necessity exists. Any block of buildings
used for selling dry goods is as much within the
purview of this police power as is a market
I think, therefore, the nature of the thing is
against its having any public destination, as being
a municipal necessity. Secondly, has the Legie
lature given to the city the power to establish a
market bazaar as distinguished from a market?
In the amended charter of the city (acts of 1870,
No. 7, pageP35 and 36. section 12) the city is
given the power in subdivision fifth to fix the
mode lof inspecting all comestibles sold, either
in the markets or other public places, and by the
thirteenth subdivision to establish ferries and
market p aces. Although these clauses ar-s sepa
rated in the charter, yet in the acts of 1816, page
92, se6tion 1, cited in Bullard & Curry's Digest at
page 100, as originally enacted, they occur to
gether as a distinct branch of a sentence, as fol
lows: "To establish one or more market places,
and to determine the mode of inspection of all
comestibles sold publicly either in said market
or markets, or in other places."
The inference, therefore, is that the Legisla
ture originally confined markets to places where
comestibles should be sold. In the case of
Morano against the Mayor of the city of New
Orleans, 2 La. 219, the Supreme Court, through
Martin, J., says: "The City Council has the
power to establish markets and to provide for the
cleanliness and salubrity of the city. In estab
lishing markets they cesxgnate certain spots tr
places for the sale of certain articles of provis
ions. In doing so they facilitate the people in
the purchase of provi-ions of the first necessity
by confining the sale of them to particular places
and hours of the day; and they facilitate the in
spection of provisions, and by the hire of stalls
they raise money to defray the expens=.s of bui d
ing market-houses, and pay the salaries of oh.
oere they appoint to prevent the sale of unsouned
provisions; and they have an undoubted right to
ptevent the violattmn of the ordianaces they may
pes i. estabblsin markets.'
city f Ne OIeeu decid~de iD
only it war s lheld thaat amat lethbone a eto*
necessaril pblie poeybut ma'7 be the ob
jeact of iadividual ownership. It is a place to
which the publi have free admission for the per
pose of purchasing provisions. But the rigght of
selling them ih not free to the public at large.
That right is usually reserved to a limited num
ber for a rent paid. In the case of the city of
New Orleans against the heirs of Onillctte 12
An., 820, the Steme Court says as follows: 'Al.
though a market may not be a locus publi'as in
the sense that the ownership of the soil is
necessarily vested in the public, still it Is a pub
lic place In this sense. It is a place to which all
persons have a right to resort daily to supply
themselves outh such provisions and necessaries
as are there vended, and as order and cleanliness
are essential to the public welfare and health,
the market which is thronged at certain hours
with all oaeses of persons and filled with all
manner of perishable comestibles, must, of neces
sity, be under the control of a vigorous and em
odent police, to prevent it from becoming an in
tolerable nuisance. It is therefore, a public
place, because it is submitted to the exclusive
control and government of the city authorities.
In the case of Cutting just cited, this court
said: "The right to establish markets is a branch
of the sovereign power and the right of regu
lating them is necessari'ly a power of municipal
police. Ntee Blacketone's Com,, vol. 1, v. 274;
Domat "Droit Public,, lib. 1, soo. 3. This is
vested by positive law in the mayor and council
of each municipality upon whom rests the
responsibility of the peace, comfort and order of
the assemblages collected at fixed bours at these
I will add that markets are not established as
a source of public or private profit, but for the
I think that the Supreme Court in these cases
in which they have incidentally spoken of mar
kets, have unmistakably characterized them, and
that, as thus obaracterized by that tribunal, mar
kets are pla&.es where somestibles, perishable in
their nature, are sold for the daily consumption
of the people; which from the very nature of the
things therein sold require peculiar sanitary reg
ulations and thus fall within the police power of
cities. If this limitation be not accepted, then
the right of a city to establish and regulate the
pice, time and manner of selling everything in
which men deal must be conceded. Can it be
that the Legislature meant to make the police
power of a city a vortex which should draw into
itself the regulation of all the commerce of the
city ? That is the question..
Itseems to me that the citywhen it executed the
co tract under which the market n zear was cre
ated and leased, by the very terms they employed,
by their coupling together the tw.t substantives,
market and bazaar, and designating the place a
market bazaar, show that the place which they
s abliehed there, although resembling a market,
was, in their opinion and lutention, different
from a market; that is, it was a place in which
the manner of sale of articles was to be the same
as in a market, but from which the thingsordi
narily sold in a market were altogether excluded.
The method was that of a market, the matter en
But the whole power of the city over markets
springs from the fact that vegetables and meats
liable to decay and putrify are therein sold daily
in large quantities; these being exi uded from
'he p ace, it loses the essential quality of a
market as it is defined in our jurisprudence. I
thitk, therefore, that the designation of this
market bazaar as a public revenue rests entirely
upon the ordinance of the city itself, and has a
legal foundation neither in the nature of the
thing nor in any act of the Legislature.
But it cannot be contended that the city can,
by its own act and independent of any legislative
authority, make a thing which is not necessary
to its municipal existe.oe nor to the exerciae of
the powers which fairly belong to the municipal
corporation, a permanent source of revenue, and
thereby exempt the revenue and the thing from
seizure under execution. If this doctrine be ad
mitted the city might build and ran factories,
and, having simply declared that they made them
sources of public revenue render them exempt.
I do not And that any of the decisions or the text
writers go to this length, but on the contrary,
limit the exemption to the two classes of oases
above specified. First, to such things as are
necessities to the existence or successful opera
tion of a corporation; or, in the second place, to
such things as by the statute have been set apart
as public revenue for the city. In neither of
these classes does this case fall. New Orleans
vs. Home Insurauoe Company, 28 An. 61.
The character of the title nuder which the city
holds the land upon which the market bazaar is
built has not bhen discovered.
Second-It is urged that the nature of the
un-awY " Y ..%.. *way Yne Aswusa V. Yon
original obligation upon which the judgment of
law was rendered was such as to preclude the de
fondant from making the seizure upon this prop
My own opinion in the case of the city against
Banger was cited and urged as having a bearing
on this question. In that case I held that the
power to tax was a prerogative of the Legisla
ture, and not in any sense judicial. That since
the Legislature had clearly implied in the act
authorizing the obligations that they were not
to be paid by taxation the court could not
direct a tax to be levied to pay them
in the absence of any provision of the
Legislature to that effect I therefore refused the
mandamus directing the levy of a tax. The due
trine which I there laid down, if correct, would
have been a complete defense to the action at
law. The ground of the decision in that case
was that the Legislature had not authoriz d the
levy of the tax. A subsequent case, in which a
mandamus was asked to compel the City Councnl
to put a judgment into the annual budget, ac
cording as the Legislature has directed should
be done with final judgments against the city, is
now under consideration. In the Banger aase it
was enough to say there was no act of the Legis
lhture authorizing the levy of the tax, and author
iry could not be implied, because the Legislature
iiteided the obligation should be paid out of
specific property, and only to that extent was the
Mdy conclusion in that case may be entirely cor
rect-that the city was not bound as a general
debtor upon its bonds, and my conclusion here may
be equally correct, that the levy of this execution
canot be stayed. In a word, the defense to a
debt is one thing; the defense against a final
judgment, in which the debt is merged, is quite
The question in the Banger case was whether
the authority to levy the tax could be inferred
from its having author:zed the issuance of the
bonds, for it was that ground alone noon which
the argument for the mandamus was based. My
conclusion was that the Legislature, in the act
which gave the authority, so far from giving
power to tax, by irmplicaion, had negatived any
such power and, as it seems to me, limited the
obligation to that of a pledge of certain specified
The case of Klein against the city was also
cited, and it was thought I had then passed
upon a similar question. I have examined the
bill of exception in that case, and And that my
ruling way confined entirely to the fact that
squares which were public property, which
formed a ourtirn of the wharves or, levees, and
ground rents which were considered to be public
revenue, could not be seized.
Indeed, the question here is simply this-Will
a suit in equity li, to restrain a seizure under
an exicution, issued on a judgment at law, upon
grounds which might have been urged as a de
fense in the action at law? I find the authorities
without exception, to hold that such a suit will
not pie. 3 Daniel's Chancery Practice (Perkins'
Edition), 1728; Kerr on lejunctions in Equity,
page 22, and the numerous authorities cited by
Judge Story, in his Treatise on Equity Juris
prudence, paragraph 894, says:
" In the next place, courts of equity will not
relieve against a judgment at law where the case
in equity proceeds upon a defense equally availa
ble at law, but the plaintiff ought to establislk
some special ground for relief."
The injunction must, therefore, be denied.
UNITED STATES DISTRICT COURT,
V. L. Favre was yesterday adjudicated a baak
Claverie & Noble, late owners of steamer La
Belle vs. Allen Jumel.-Libel in personaot to re
cover $264 73, balance due for supplied furnished.
SUPERIOR CRIMINAL COURT.
Yesterday Da~is H. Perry was sentenced to
fite years at hard tao igb hPkenitietaiaryio
stabbing one I Duval on the 20th of May last, at
the corner of Carondelet and Canal a treete.
Ih the ease of Yee Wong Chung, & -Celestial,
charged with emb zalement of some $6N00 from
hid employer, Wong Chung, on motion and after
argument, the information was r uashed. There
to a suit pending for the amoun.t now in the civil
John Henry pleaded guilty to the charge of
carrying conealed weapon,, and was sensteseed
fins of $5 aor I' days in the Pazb
'oass ;Cand/ +ý:
S~tatev. lucau" Smith, for esrryingr.eoneset~l
the caeof the Staate vs. Jules Dervls.
In the matter of the Stete vs B.. Gernori
on the charge of shooting one Charles Brown as
the lake, the case wae submitted to ajery, and at
a late hour last night the jury had not agraed.
FIRS? DISTRICT COUET.
Assault and battery-Luke Casimer et *k,
Henry McNamara Patrick Donega, JameA
Downs and James Norton.
Larceny-Wi. Howard, Virginia Drown, Jb
Rosalie and Louisa Davis.
Libel-F. Charleville. Aecused is charged with
having on the 31st of May last placated a false,
scandalous and libelous printed matter to Injure,
oppress, aggrieve and villify the good name,
credit and reputation of Horsee B. Phillips, i. V.
Parmelee, Peter I~essy, H. F. Davis and P.
Geles, members of the fire department of the
SECOND DISTRICT COVRT.
Sucoessions opened-Overton Grubb, Pranceis
Rossini, Win. H. Vredeuburg, jr., and Mre. Wow.
FIFTiH DISTRICT COURT.
State of Louisiana vs. Louisa Chott et al..
Suit against the sureties and their heirs on the.
bond of Leon C. Courcelle, late tax itolieeitera
the parish of Plaqueminee, for 65,820, amount et
his defalcation to the State for taxes for the ,aues
from 1867 to 1871, Inclusive. The defendant ben
already been convicted of larceny and embesals
ment of public lands, and bas Ii d the State.
Reoad Navru'e Invitation to the China Palaoe,
Now Amnortan Sewing Machine, 1.8 Canal
A charge if robbery holds Mary Orawfoud,
alias L usae Harris, a prisoner in the Fourth
0. Leech was Sunday sent to the Charity How.
pital from 'he steamer Blue Wing in a sick sat
Annie Bull'n, 3bargea with petty larceny, was
yesterday sent bf fore the First 1istriot t
under bonds of $250, by Judge Smith.
Henry Banks, for aessult and battery on his
daughter, was sent before the First Distries
Court under bonds of $250.
Fred Gilmore fmirlisied bonds to the amouet
of $ 50 fr his appearance before the First Die.
trict Court, on a charge of petty larceny.
Annie Holmes was yesterday sent before t1e
First District Court under bonds of $250, on a
charge of petty larceny.
While the steamboat John Howard was a6.
tempting to make a landing at the head of Canal
street. Sunday night, she struck a yawl and dam
aged it to the extent of 560.
At 6 o'clock last evening a man named Geo.
Foster died suddenly at his domtail, No. 187
Burgundy street. He was sixty years of age, sad
a native of Germany.
At about half-past 2 o'clock yesterday, while I,
H. Bell had a lull load of boostne aboard, be at*
tempted to navigate homeward, but falling iate
the gutter on Baronne street, hu out his head os
the curbstone. The unfortunate was picked up
by Officers Harnan and Finn, who took him to
the Charity Hospital.
Sunday night a difficolty took place at the cor
ner of Adele and Tch >u ,tonles streets, betweea ,r
one James Murphy ad one Peter Crosby, whig
terminated in the latter being stabbed is the
loft side and slightly wounded with a haife in the
hands of the former, who, after commiittng the
deed, made good his escape. The wouaded em
was attended by Dr. Mitchell.
Being Poor He Wanted to Die.
At 12 o'clock Sunday night a druggist who was
without occupation and in destitute sitosol.
stances, named Louis Qnllile, calied at the
apothecary of Mr. Louis ktenpeet, at the oogase
of Dauphine and Mazsnt street, and asked for a
night's lodging, which request was granted.
During the night Qinllie attempted to commit 7
suicide by taking a dose of arsenle.
The would-be suicide was discovere& Iin lie,
and the proper antidotes being administered he
was soon pronounced out of danger by dare.
The cause he assigned for the rash sot was
that he was without money and could not get
anything to do.
Body Fousnd, s
The body of J. W. Logan, who fell overboasd
from off the steamer Natchez on the 11th instant,
was found floating in the river yesterday at the
head of Gravier street. The body was made feet
to the wheel-house of the Thompson Dean, sad
the Coroner notified.
The number of intermente occurring in the dly
during the week ending on Sunday at 6o'0'
p. m., as recorded by the Board of Healt,
amonnted to 113. The principal causes of death
were: hmall-pox 2. all fever. 7, cholera tnfsantea
2, consumption 16, lung diseases (scuts) 1$,
bowel diseases 14. There were reported dnr.g
the same week, 59 births and 18 marriages.
Bead Navra's invitation to the China Paee.
ST CH A RLES HOTEL-Gen H H Sheldon. 3
I; Chas T Hopkis. Mobile: Chas T Stanton.jr.
La; John MeGraw. Jag McCarthy city; L1%t
sons, H H Dunphe. Mass; A Wienholt
land; M Williams, Miss; Geo B Dunlap,
H M-Crearv, Gre nville; H C Wick. Warren;'!
W Uneer.' G Coffin, N Y; i W Dugan,
Louis; Capt M Smoot and wife, Miss 8mook
Mis-.; Dr OJ Hood, Mrs A D Hood. Mobile '
D Hine, St Mary; Major AE Bates, JCOr, U
S A; Sa'n'l R Chisman, Va: F F Myles, St Lo
Wm B Ftrr. Louisville; Mrs Palfrey, Miss N
Marsh, S Mary; J P VanBergen, Conn; Mrs
C Pathem. tt Louis: J O Caihoon. Fla.
ST. JAMES HOTEL-J S Jones. Va; Emmel
L Ross. Canon Miss; EH Bills, Monroe,.I
Wm Simon, New York; D Baldwin and
Louisville: J L Power. Jackson, Miss; 8 ;
Sheldo n, Vicksburg; Rev S J Bingham, Hasle
hurst; Rev W B BiLgham, Iast Pascagoul:
Rev J D McClilrtock, TB Bradford, Co
Miss; R.v W C Clark. Pass' bristian; Henry
Richard-on. St Jo-eph, La; L Cohn. West Bale
Rouge; J B Spears, Ark; C O Lips, Miss; T W
Statton, Washington, D C; E B Vance and si+
ter, San Antonia. Texas; BR Whitehead, Ii'
H C Johnson. Washing on. D C: L Boer 3
Handy. N w York; John F Willey, W C ilteh
cock, Warren. Mass; F Sear, Boston Mrs Mar
meau. La: Eagene Seance Chicago: iaul Lahr
mnan, S A Wagner, S. Louis; G U Clark. Galves
ton; W S Rou,. C R Ktarns. Philadelphia; B3
Jones. city; B A Ph libert, Fla; W A Cook. MD.
Miss; Wmi Ci..rk. Grand Rapids, Mich; Theo
dore Sachse, Appleton, Mo.
New American Sewing Machine, 185 Canea
Bead Nayra's invitation to the China Palace.
The following were among the departures br
the Mobile fast line on Sunday an Monde
avenings: John W. Wilson, Chicago; rs.
Hagan. New York; A. J. Goldsmith, Charleston;
Lewis H. Bellinger. New Yoik; G. C. Gagy..
Memphis; A. J. Nellis. Bosten; W. F.
Eufaula: A. E. Braenalick. New York; G.
Moody. Charl stnn; J. W. Coffin, Cincinnati;
F. nimpson, Pensacola: Peter Fre'inger.Iouis
ville: Geo.Jacobs, Montgomery; Henry Crane
Co umbes; A. H. Merriman. Washington;J..
Davidson, Na.hville; Alexander Alle of tbe
firm of T. & A. Allen & Co.. Liver l Zag
land. for New York; J. W. Meacham, olumbas
W. H. Cox. Cairo; A. W. Montgomery.Meza
Geo. N. Murphy, St. Louis; Major CharleeJ.
Hoy'. New York:G. M1.B~erce, St. LouIaeCa$
Isaac Sofleld. New York.
-There are 17,000 infants between the
of fooit and six years in attendance on
public schools of New York. and the m
Legal Society of that city enters a ViW(
protest against the insane cruelty.
- The Hartford (barant claims
correct figures of the Connecticut
are these: Senate--13 Repub iuai
orate; House-? ii 100
crate; Republlean ma orty on tb
New Amerlcan 8ewing Msaehia. 2