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?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 gtte below: 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 fi $100,8011,350 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 .t6 $111,199,150. 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 Pweposais. 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 leeNovember: Nov. Doe. e-N. Froyohoux eas" s3oo N . Bondot.......... 2325 2360 il-C. Foe ....+... 2740 2765 ne..........**1510 1511) 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 ouleon.............265 2W) .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 Report. 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 Case. 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 at law. 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 Cmrllarke. 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 abuat. 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 and honorable g ags of the law. 4&1 sat r or~o as ot the i hovj 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-. CAPITOL G0J5SW. '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 Total..........................$274,421 94 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 General Assembly 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, friends. 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 hearse. 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. NIMRODIANA. 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 street. 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 WAERINGTON. And What He Sars about Conover, Pat tenon, and Packard's Lunch with Hayes. 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 lector. 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 qualifies. . 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 to him. 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 New York. AMUSEMENTS. AND THE GIREATEST OF THESE IS CHARITY. 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. The Opera. 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. The Amateurs. 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. MILITARY SHARPSHOOTERS. The Washington Artillery Organize a Corps and Dudley Selph Trains Them. 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 ganize 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 opening day. 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. THE COURTS. [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 attendance.] 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 bazaar. 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 great thorougfares." I will add that markets are not established as a source of public or private profit, but for the public good. 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 tirely distinct. 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 erty. 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 city bound. 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 another. 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 property. 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 these authors. 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 Tupt. 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. IXFOaMATZOmS. 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 Siath Dietrict. SECOND DISTRICT COVRT. Sucoessions opened-Overton Grubb, Pranceis Rossini, Win. H. Vredeuburg, jr., and Mre. Wow. ler. 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 Stroot. CITY ECHOES. A charge if robbery holds Mary Orawfoud, alias L usae Harris, a prisoner in the Fourth Precinct Station. 0. Leech was Sunday sent to the Charity How. pital from 'he steamer Blue Wing in a sick sat destitute condition. 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. The Knife. 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. physicians. 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. MORFUARY REPORT. 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. HOTEL ARRIVALS. 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 street. Bead Nayra's invitation to the China Palace. RAILROAD DEPARTURES. 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