The New Orleans daily Democrat. [volume], June 20, 1878, Page 8, Image 8

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

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FENNER'S BATTALION:
IT HI MUSTERED INTO SERVICE IN LA
FAYETTE SQUARE.
Presentation of Battallon Colors at St.
Patrick's Hall and speeches by Gov.
Nicholas. Col. Fenner and Others.
Yesterday evening at 6 o'clock the rolling
of drums and the blare of trumpets attracted
the attention of the hundreds gathered on
Lafayette Square, and in a few minutes to the
enlivening strains from a brass band the sev
eral companies of Col. Chas. E. Fenner's
Cresoent City Battalion marched from their
armories in St. Patrick's Hall out into La
--yette Square. The occasion was the mus
tering in of the several companies of this bat
ion, addit was celebrated in rwilltary cd
o-es by the presence of an unusual number of
ehicers from the several military commands
ot our city and several United States officers.
Before the line was formed the crowd almost
Wlled the square, and the police detailed were
kept busy in securing enough open space for
the parade.
Among many other ofhfcers present we no
Csed Colonels Meyer. (Glvnn, Walton, Majors
Mark (uayle, Scott, Pickles, Le (ardeur,
S(aptans Peyroux, Hollingsworth, Souby,
Lord, Planellas and Ad)utant Carleton; In
fact, the turn-out of officers was far greater
than we have ever before seen here on an
'oosalon of the kind.
By half-past 6 o'clock the parade was
formed, there being present 223 rifles,
and the adjutant turned the battalion over to
Col. Fenner.
It was a plcturesque sight on the square at
this time. The long line of the galland boys,
the glistening of the sun on the guns, the
Crowd of spectators, recalled other days be
fore the war, when, in the same place the vet
en Brig. Gen. T. G. Tracy and Adjutant
Glen. Grivot were wont to inspect our citizen
soldiery.
After Col. Fenner had put them through the
maanual of arms he ordered them to prepare
to be mustered in, and the orderly sergeants
called the rolls of their respective companies
and reported, and the battalion was then
regularly mustered into the State militia.
THIE BAND TIIHEN HTRUCK UiI'
a lively march and the several companies
.mrched up into St. Patrick's Hall. where the
earemonies of the presentation of the bat
talion colors was to take place.
Here were assembled a crowd of the fair
beauties of our city, the guests of the bat
tallon, who had been Invited to participate In
the ceremonies of the evening. The hall was
Swell filled, and when the companies marched
In there was little standing room left. Seatsed
;n-thaplatform were the officers of the various
commands, and in front of all, Gov. Nicholls
" and Col. Fenner and staff. After the band
had discoursed an appropriate air, Major
Bond stepping forward, said:
Ldies and Gentlemen, Omrades of the
(keacent City Battallin--It Is with gratt prlie
t and pleasure that I am allowed to contribute
to Your useful and splendid organization, this
lttalion flag. Look at its bright colors!
dbose shimmering streams of red and white,
'Pd golden stars glittering on their sheen of
btluel It is the flag of the past, the glory of
our fathers; it was their sunbeam to victory
_-ld greatness. It is the flag of the future, the
Peoour children; it tIs their rainbouw to pros
.rity and happlnss; it is the graceful, the
Mutiful flag of our country!
But that you value it the more, andt cling
to It the closer, under all c(ircumstances, when
summoned to duty to vilndicate the laws of
the land and the honor of Louisiana, it Is
meet that it be presented to you through
aome one who has added to the lustre of her
iame, both In war and In peace, and whose d
, cherlshed by her people.
Shereforl s have [ the honor to have for p
Sponseron this oaesion, him ; know has al- a
ways made duty the beacon of ali his acts;
Aim whose qualities of mind and heart atre
chiselled from the solid rock of principle; him
of whom he of the fourteenth of September cr
lId on a well-remembered day: "Nor has
se fold of that glorious ensign drooped in his 01
arm grasp from that perilous hour of the o:
ainth of January, when he planted it o'er the it
outward walls of the State where you stood
sworn to keep it against all comers "-Fran- rt
s T. Nioholls, the war-battered soldier, the hi
-Ltrj0tic son, the devoted Governor of Louisi- tt
Wtan Major Bond ,had concluded it was
Some minutes before the applause had sub
sided, and Gov. Nicholls then addressed the f
battallon and Col. Fenner as follows: ri
(Oi/oe/--The Adjutant General has officially
Informed me that the officers and men of your
command have converted the general reha
tions which they have heretofore borne to the
State into special and direct ones. If thecer- I
emony through which you have just passed I
were an idle formality signifying nothing, or
If I believed you so considered it, I certainly
would not now address you.
You have publicly announced that should i
the Executive of the State, in the legal dis
charge of his duty of upholding the suprem
acy of the law, or vindicating the honor of the
country, have need of stout hearts and ready
--ands e can confidentLv call and rely upon 1
you.
That you propose to carry out this declara
ton and faithfully observe all the obligations
you have assumed this day, I have reason to
know, through the very best means by which
one man can test the thoughts, purposes, in
tentions and future actions of others-my
own personal experience in the past. The
State has needed you before. You have been
called, tried, and were not found wanting.
Through the weary days between the ninth
of January, 1877, and the date when the polit
ical troubles of that year came to an end, the
men I see before me stood guard over the
rights and liberties of Louisiana, and I have
come here to-night to express the great
pleasure I feel. as Governor of the State, in
reoeiving your battalion formally into her
service. I congratulate the command upon
having selected as its officers men of ex
perience and judgment, whose course in the
Just places beyond a more matter of con
ture and speculation, that it will be rightly
and properly led.
I earnestly hope that no occasion will arise
to call its services into stern active operation,
for no good citizen can, save with regret, con
template the possibility of such an event.
The most effectual method, however, of caus
Ing bad men to respect the right is to have
good men organized to enforce it. As a mere
question of legality and form, the covenant
between the State and your battalion was
completed when the men were mustered in;
but from time immemorial that covenant so
eutly entered int,), but which receives its
fulfllment amidst the upheavings of socit ty
and the deaths of brave men, has had a
distinctive sign, the flag of the command.
That flag waves through the rattlings of mus
ketry and the thunders of artillery, represen
tative of country and of duty, and in that tu
inultuous scene around it press devoted men
who deem its movements Lhe test of their
pledges, broken or fulfilled. To connect one's
self officlally with a flag is to express in as
forcible a manner as possible to troops confi
dence in the organization carrying it. The
maJor of your command, whose good name
na yours are inseparably connected, desir
omu of evidencing that sentiment on his part
towards you has presented to you your bat
alion colors and requested me to deliver them
to you. I am happy to have an opportunity
of recognizing in this way your past services
a nd I have accepted the invitation extended
y.bv him and a committee of your battalion
w at direct reference to conveying to you
$ oUgh so doing the expression of my ut
~i oonfldenoe.
You will, Colonel, please receive these
colors. I need say no more. A tried soldier
onurself, and with such officers and men un
er you, you will of yourselves know what to
o wie thtih to witaout being told.
<" tbe ,oeznoc dleod,his N spnh was
received with repeated applause, and the
band struck up the "Star Spangled Banner."
The Governor, taking the beautiful colors,
handed them to Col. Fenner, who, with much
impressiveness, said:
. Goverenor-In receiving for our battalion this
beautiful flag we do not know which to con
gratulate ourselves more upon-the warm
sentiments and kindly feelings of the donor,
g our Major Bond, or the happy occasion which
d has'brought you with us you, the Chief Ex
ecutive of our State, as sponsor for these
n colors and through whom they were pre
e sented. No sentiment is more beautiful than
r- the soldier's devotion to his flag. There it is--
a stick and a bit of cloth. But consider the
men who have sacrificed everything in the de
r fense of this representative standard; con
sider, I ask you, the wealth of sentiment that
the thousands of gallant men who followed it
to success and founded our country must
have experienced at the sight of its unfolding
-in th- ak and ierlous days of our coun
,f try's history. It s in itself a more nothing
but it represents our country, the legacy of
our fathers, our hearth-stones, around which
. linger all that is sacred and dear to every
t citizen.
e The colopel then, with much feeling, re
r ferred to the duty of the citizen soldier in
hours of peril and the relations between the
State and its militia. In closing he said:
Governor, we feel to-day that we have gone
through with a most solemn ceremony a
ceremony which has assured the State that
our battalion is now ready In the time of need
and at any sacrifice to uphold the law and 1
r the right. [Applause.] It is lmpossible to tell
2 now what duty we may be called upon to per
form. Society governed by the Christianiz
ing influences that sway it to-day may suffer
some change, and government itself may,
through the had motives of men, become
threatened, but rest assured the organization
of citizen soldiery becomes imperative, and,
therefore, it is that the ceremony of our mus
taring in to-day Is of more than ordinary sig
nlflcance to our men. [Applause.]
In receiving these colors from you, Gover
nor, as the sponsor for the donor, Major
Bond, I need not tell you to say to him that
they will ever be borne in the front where
duty calls, for he, as an officer of the battal
ion, will be there himself, as he has ever t
bemn, to see for himself. And now, Gover- a
nor, in concluding, in the name of the battal
ion, I speak. Tell us where that flag is to go,
and so help us God, we will carry it there. I
[Loud applause.]
At the conclusion of Col. Fenner's speech, a
the colors were turned over to the color ser- I
geant, whilst the band gave "Dixie." t
When the music had ceased, Col. Fenner e
called upon Adjutant Robinson to read a let- P
ter which had been received. The following e
is the letter: i
NEw ORLEANS. June 19, 1878.
Lieut. Col. Chas. E. Fanner. officers and mem
bars of the Crescent City Battalion:
(;entllmen I have the honor to tender to a
your association the battle flag of the "Army h
of the Peninsula," belonging and used h
throughout the campaign of 1862 by the First c
Louisiana (Dreux's) Battalion Volunteers, b
then commandled by Liceut. Col. N. H. Rightor, f
-and aumher ngamon Its rank and flie some ,
now belonging to your battalion. a
It may not prove uninteresting, never hav- tl
ing seen mention of this flag, and believing it F
probable that it may be the only one now in
existence, to relate at this time its adoption b,
and use. In April, 1862, when the Federal t
army, under Gen. McChlllan, advanced on the
Peninsula, Gen. Magruder and his army, then
known as the "Army of the Peninsula,' con- Ic
fronted them, and although greatly inferior
in numbers, kept them at bay for four days,
and enabled Gen. Jos. E. Johnston, with the a
"Army of Northern Virginia," to join forces, ci
In order to distinguish the armies, Gen. Ma
gruder had this flag hurriedly prepared, and
by general order distributed to the different
reglments and battalions.
It was used by the First Louisiana Battalion
throughout the campaign and until the ab
sorption of the "Army of the Peninsula" by di
that of Northern Virginia, and the adoption ce
of the battle flag of the Confederacy. t
As the color sergeant of the First Loulslana of
Battalion I preserved the relic, and now ten- is
der it to your organization, believing it to ap- a
proximate closely to its original possessors,
and being satlified it could not be placed in
worthier hands. With respect, I remain
yours truly, R. H. BRUNET, JR. A
When the reading of the letter was con
cluded Col. Fenner again called the attention
of his auditors. He said that there was no ju
one in his battalion better suited and to whom Jo
it would be more appropriate to receive thl to
relic of hard-fought battles than a member of ur
his staff, Capt. John Augustin. He had at pr
the first call gone out with the Dreux Batta- st
lion, and had fought through all the gallant
lights of the Peninsula and afterwards served of
with him until the close of the war. He wi
fought under the flag here presented, and of in^
right is entitled to receive it for our corps. be
Capt. Augustin then came forward and plI
said: sel
Ladies, (entionen and Fellow-Soldiers-I c
thank the colonel for the honor conferred upon
me and gladly undertake to express to the
donor, Mr. Henry Brunet, the gratitude of the
Crescent City Battalion at receiving from his A
hands this flag of old days, this sacred me
mento of a heroic time.
The gift is eminently appropriate. It comes
from the First Louisiana Battalion better C
known as "Dreux's Battalion" to "Penner's ii
Crescent City Battalion." The two are kin
they are of the same mould and material. U
In the first days of April, 1861, at the first -b
ringing of the tocsin of war, four uniformed t
State militia companies from this city, one d
from Shreveport and one from Terrebonne,
six in all, averaging one hundred men each, v
started for the seat of war, anxious to stake
their lives for the protection of their beloved a
State against sectiolal oppression. These t
companies were composed, as the Crescent c
City Battalion is now, of merchants, lawyers, r
clerks and skilled mechanics, and were organ
ized as a battalion under the command of t
Lieut. Col. Charles D. Dreux. Col. Fenner, I
who now commands us, was captain of one x
of these companies, and our beloved White r
League General, Fred. N. Ogden, the hero of
the Fourteenth of September, carried its t
colors until the battalion lost his services by t
promotion and assignment to another corps. C
Dreux's Battalion has the honor of being the I
first of all the volunteer organizations to I
leave the State of Louisiana for the seat of I
war, and the companies composing it an- t
swered the call and left their homes and busi- a
ness, fully armed and equipped, within forty- 1
eight hours after it was made. Those of you t
who do not personally remember Charley
Dieux have certainly heard of him; genial,
talented, handsome, generous and recklesly
brave, the battalion devotedly loved and ad- c
mired him. His gallantry drove him to im
prudence, and he was the first officer killed c
during the war; his blood first stained the t
altar where after him so many heroes' lives c
were sacrificed in the cause of duty, now i
called the Lost Cause.
When the flag that is presented to us
to-night was first placed into the hands of
the color bearer by Gen. Magruder, Col. I
N. H. Rightor was commanding the bat
talion. It has since been baptized in blood t
and sanctified by fire, and we hold it now in i
our hands a holy relic. We will not unfold to I
the breezy the sacred bunting, so full of glo- f
rious memories, when we match or parade, t
but it will always hang in our armory an em- C
blem and a symbol of duty and sacrifice. We 1
will regard, honor and cherish it as a portrait 8
of the dead, which none must approach but t
with awe and reverence. [Prolonged ap
plause.]
The boys seemed to recognize
THE OLD TIME BANNER, ii
and it was some time before silence reigned
Col. Fenner then gave the order for the sev
eral companies to repair to their arsenals and
deposit their arms and return to entertain their ti
guests. The command then filed out and a
soon returned to the hall, when an evening's b
social gathering commenced. Fair women
and brave men joined in the exhilarating
danca and to the ntetaltaing sotra oIV oa
Weber and Strauss the evening was rounded
off in a delightful manner.
TUE BATTALION FLAG
is of the richest silk with heavy bullion fringe,
mounted on a staff of the choicest wood. It
was purchased by Major Bond, through our
friend Col. A. W. Hyatt, of Camp street, and
is as fine a sample of workmanship as has
been seen here for many a day. It is the Star
Spangled Banner, and its colors are of un
usual brightness and purity. The battalion
has good reason to be proud of their standard.
For richness and every quality that goes to
make a durable attractive and banner it excels.
THE BATTLE FLAG
presented by the color bearcr of the Dreux
battalion is of bunting, and is of diagonal red
and white stripes. It shows the service it
has seen, and as a memento of a gallant
struggle will long be che rishe'l.
THE GUESTS .
It Is seldom that such an array of the mill
tary officers of our soldiery has been gathered
together at one time. All the field and line
officers of the Louisiana Field Artillery, as a
special compliment to the Crescent City bat
tallon, were present in a body, and the officers
of the Washington Artillery. Meyers' regi
ment, Orleans Artillery, Col. Borland's regi
ment and the Cazadoros.
The whole affair was one long to be remem
bored.
lli
Br- BANK CAPITAL.
iz
for With a view of obtaining the opinion of
1Y, the Attorney General as to the right of the
no State to levy a tax upon United States bonds,
id, treasury notes or national bank notes, our re
is- porter called at Attorney General Ogden's
ig- oflice yesterday, but found that he had not
r- returned from Bay St. Louis.
or The Assistant Attorney General was pres
at ent, however, and when the question was put
to him he replied that. in his opinion neither
er the State nor city had the right to levy such
r- a tax. In support of his opinion he referred
'- to act No. 8, extra session of 1878, section 1,
r: paragraph 8, which reads as follows:
"The shares of stockholders in all banks
and banking associations in this State shall
h, be assessed at their value after deducting
r- from the capital s ,,k of said banks and
banking associations all property otherwise
assessed or exempt from taxation, and said
or shares shall be included at such ascertained
it- value in the valuation of the personal prop
erty of such stockholders in the assessment of
taxes at the place where such bank or bank
ing association is located and not elsewhere,
whether the said stockholder reside in the
n. said place, town or not."
The paragraph further provides the man
nor in which the banks shall exhibit to the
assessors a list of the names, etc., of share
holders, and coutinues, "and the method
herein provided for the assessment of bank
st capital and shares of stock in banks and
e banking associations shall be carriedl into ef
*r, fect in the assessment of the same for the col
ie laton of taxes for the city of New Orleans,
and the State, payable In the year 8175, and
V the assessments of said property made in
1877 are hereby canceled and annulled," etc.
In "The act in no case imposes atax upon those
in bonds or notes," continued the Assistant At
al torney General, "and were such a tax im
ct posed and a case carried to the Supreme Court
in of the United States, the State or city would
' lose it." The paragraph of the act of 1878, re
pr ealing a portion of the act of 1877, taxing
banking capital was in his opinion, evidence
e sufficient that the Legislature meant to ex
empt that class of capital from taxation.
An Injunction Asked for Against the City
of New Orleans.
n The Louisiana State National Bank yester
y day applied to Judge Billings by a bill in
n chancery for a writ of injunction to restrain
the city from collecting its tax on the property
a of the bank besides its real estate. This case
is the same as that lately adjusted by the
Canal Bank with the Auditor.
AN IMPORTANT DECISION.
An Injunction Obtained by the City bet
Aside by Judge Billings.
1 Yesterday Judge Billings decided the in
junction case of the city of New Orleans vs.
1 John Klein. This suit was for an injunction
I to restrain the defendant, Klein, from selling,
f under execution, the title of the city in the
t property on which the National Theatre now
stands. Klein had obtained a judgment
against the city and seized this property to
t collect his debt. The city applied for a writ
I of injunction to stop this sale, and the matter
was argued at considerable length,
Judge Billings, yesterday, ordered that the
interlocutory injunction obtained by the city
be set ashi., and that it be dissolved at cornm
1 piainant's cost.
This decision will now open the door for the
seizure of all the city's property by judgment
creditors.
A MANIAC's FREAK.
A Woman Is Killed by a Railroad Train,
Because She Wanted to DIe.
A rude pine coffin was brought into the
Central Station yesterday morning contain
ing the body of an unfortunate woman, name
unknown, who had been mortally wounded
by being struck by the locomotive of a freight
train of the Jackson railroad, and who had
died on her way to the hospital in a charity
wagon.
The coroner empaneled a jury which was
i sworn, and after viewing the toly adjourned
to 7 o'clock in the evening in order that suffi
t cient time should be allowed for friends and
relatives to identify the body.
Some hours after the deceased had been
f brought to the station, two young men step
ped in and immediately recognized in the
a ghastly corpse the features and form of their
a mother, Mrs. Barbara Speiss, of Carrollton.
f They said that their mother had stated in
3 the morning that she was going out to "meet
or her God." Knowing that she was somewhat
r. demented and fearing lest she should attempt
a her life, they locked her up in a room.
3 However, she managed to escape unobserved.
f When they discovered that she had left, the
- two young men started each on horseback
- and in opposite directions to tind her. After a
- long, weary and fruitless search, they re
f turned and were apprised of the fact that a
y dead woman's body was lying at the Central
Station for identification. They immediately
repaired thither, recognized their mother and
carried away the body for interment.
The coroner's jury met at 7 o'clock in the
3 evening, and after hearing the testimony of
e the engineer, Mr. Doyle, and of the fireman,
5 exonerated these gentlemen from all blame
v in the premises.
The testimony sets forth, in substance, that
Sas engine No. 107, pulling the ireight train
, No. 6, was coming into Carrollton and pre
paring to turn the shellroad curve a woman
was observed walking on the track towards
the train. Whistles were blown for down
Sbrakes and the bell rung, without seeming to
Smove the woman in the slightest degree, for
she kept on tramping steadily until struck
by the pilot, better Known as the cow-catcher,
Sof the engine. The shock broke her legs be
low the ankle; she was then thrown upwards,
t and her neck was cut by the coupling joint of
t the engine.
SBy this time the train had stopped and she
was taken aboard, still breathing but uncon
scious, and then sent to the Charity Hospital,
whence, having died on the way, she was sent
in a pine coffin to the Central Station. The
coroner's jury rendered a verdict in accord
ance with these facts.
i ~Mers. H. & N. Samoy. the well known auc
tioneers, whose sal-srooms are situated at No
45 and 47 Decatur a reel. will sell to-morrow at
I auction a fine assortment of bootseshoes and
Sbrogsat.
Alt. Wals keevs moving, you bet. He is now
8$11tgtaho finest bttters, atoa'acbic and tonic,
TILE CITY COUNCIL.
NO BUSIENESS TRANSACTED, AND AN
OTHER MEETING TO BE HELD
THIS MORNING.
Pursuant to adjournment the City Council
r assembled yesterday morning at 11 o'clock,
Mayor Pilsbury in the chair, and Administra
tore Denis, McCaffrey, Cavanac and Brown
present. The absentees were Administrator
Diamond, summoned to one of our courts,
Administrator Rengstorff, who is out of the
city, and Administrator Edwards, at home,
ill. Hence the difficulty of the previous day
presented itself again in the way of acting on
the lake protection resolution relative to the
acceptance of the lowest bid for repairing the
levee. In other words, a tie vote would prob- t
ably occur, and even with the..eastng vote of
the Mayor a majority of the Council could
not have voted on the resolution.
The city charter, it appears, requires that I
all appropriations of money shall be made by
the vote of a majority of the whole Council,
and not a majority of a quorum, as in ordin
ary actions.
It is claimed that the proposed arrange
ment with the Now Orleans City Railroad
Company for the repairing of the levee is, to
all intents and purposes, an
AI'PROPL'IATION OF MONEY
by the Council, and hence the affirmative
vote of at least four of the seven administra
tors is necessary to legalize the resolution.
The Council will meet again this morning
at 10 o'clock, when it is expected that the
resolution will pass.
Notwithstanding the predictions to the con
trary, the lowest bid offered on Tuesday by
Messrs. Foucher &. Downy, $6 50 per lineal
foot, is even somewhat lower than the I west t
bid offered a few months ago, although there b
is more work to be done now than then. This,
we understand, Is due partly to the greater 0
cheapness of labor now and partly to the fact *
that the bidders have on hand already, not
only the nt.essary timber, but timber larger r
in diameter by several inches than that r
which is required in the specifications. This
work
f TIMPORTANT
In another way beside the more tact of secur- c
Ing a costly work from destruction and pro- n
viiing for a place of resort for the working
classes; it will afford a test of the system of h
double close piling with fillings of fascines ti
and ballast or other heavy material, upon ti
which Surveyor d'Hemecourt has given so d
much careful attention, and wnich, it is be- ri
imuved by mainny engineers, will prove a most
effective arnd lasting breakwater, and one that di
can be constructed very cheap.
n- The Wharf Bond Couponr.
1 'the sentiment at the City Hall has evi
e_
4 dently undergone modilication regarding the
ik proposition of Mr. Ellermnann, the wharf con
ii tractor, to deposit the amount of the Juno
I coupons on the wharf bonds with the city, to
be held by the city to pay the said coupons as
, n as thI garlishmelts are dismissed.
in Where there was on T'uesday seemingly ai
,, majority of the Administrators in favor of
5 accepting the propo, tion, the reverse was ap
. Kparnt yesterday. If we are not mistaken,
n- Mr. Ellermann will be allowed to
rt SETTLE HIS DIFFERENCES
hi with the wharf bondholders, he having as
e- suned to pay the interest coupons as they
ig reach maturity, in the place and stead of the
0 city, and with tihe consent of the bondholders.
- The acceptance of the proposition of Mr. El
l'rmann to deposit the money with the city,
it is feared at the City Hall might be con
7 strued as a sort of acknowledgment on the
part of the administration that Mr. Eller
mann's positlon is corre.t, which it is unwill
r- ing to admit even by inlllication. It is further
in thought that Mir. Ellerrnann, by admitting in
n his answers to the inlterlrogatlrlies prol)ounll
ied to him in the garnishments Issued in the
,y suits of C(ubernattor and Zunts that he owed
4l money to the city, has placed himself
IIETWEEN TWO FIIRE,
for he must now produce the money he says
he owas to the city, and he is still bound, iac
cording to the termas of his cxontract, to settle
t with the wharf bondholders for their June
coupons. A failure to comply with the last
nientioned obligation will render Ellermann
i- liable to a forfeiture of his lease and contract.
s. The next step in the matter will probabilly
have to be taken by the bondholders them
s,,lves to onlmpel the wharf contractor to pay
f, the interest on their bonds.
e -------* *-----
TTE PLANT.ER' A,' OIATION.
a) On the Motion to Vacate the Order Grant
t Ina a ItecerverNhlp.
r
the rule taken to vacate the orders appoint
e ing receivers for the Consolidated Association
Y of the Planters of Louisiana and restore its
assets in the following cases, viz: No. 7940,
a Max Grebner vs. Ben. F. Flanders et al; No.
t 8014, in the matter of the liquidation of the
Consolidated Association of the Planters of
Louisiana, came up for hearing yesterday.
The following is the statement of the case
as given by the opponents of the rule to
vacate the order to appoint a receiver:
e STATEMENT OF THE CASES.
In the year 1876. before the expiration of the
last extension of the bonds issued by the
State in aid of the association, the affairs of
the corporation were in the hands of a board
t of directors regularly organized under act of
the Legislature, passed in 1853, and under
which B. F. Flanders was acting as presi
Y dent. About the seventeenth of June,
1876 Mr. Chas. Nathan, a bond
n holder, (acting, as the bill charges,
d at the instigation of Flanders,) filed a petition
i- in the Superior District Court, and hunted up
d the record of the suit for forfeiture of the
charter of the bank, which had been institu
n ted in 1842, transferred it to the above court,
and filed a supplemental petition therein,
e alleging that the term of liquidation of the
r bank under the law was about to expire; that
there was no provision of law for its future
n management and liquidation, and asked that
ta receiver be appointed. This proceeding
t was purely ex parte; nobody was notitled
t or asked to be notified, and in an
I extinct suit, in which final judgment had been
I. rendered thirty-four years previously, which
a judgment had received full execution, and the
k power of the court over it was exhausted.
a Upon this judicial proceeding B. F. Flanders
was appointed by the court receiver, author
a izing him to take immediate possession of all
il the books, assets and affairs of the corpora
tion. Mr. Flanders, himselfadirector and the
d president of the board of directors, takes this
order or court and under its pretend..d author
e ity abandons his trust, dissolves the board
ý" and turns over to himself as r:ce , er the af
t, fairs of the Consolidation Association, and as
e one of the receivers of this court now charges
upon the stockholders and the State an aban
.t donment of their possession.
n Flanders having thus, under apparent judi
c- lal authority, dispossessed the corporation
n and the State, proceeded with hip adminis
s tration as receiver under the authority of the
n buperior District Court.
o In the meantime one Max Grebner, a for
r eigner, holder of State bonds issued in aid of
k the corporation to the amount of some eight
, hundred dollars, conceiving the idea that his
rights were in jeopardy unless Flanders was
, ousted from his illegal possession, and have
f his man appointed receiver by this court
under his bill, No. 7940, asked for and ob
e tained a restraining order. When this order
- was served on Flanders, it is said, a
I, consultation was had between himself and
t the counsel of Grebner, and a partial
e release was consented to, after which
- the Icounsel and Flanders at the expense of
the association, departed for our judiciary in
New Haven, and had before his honor, it is
reported, an understandh g that on the return
of the court a division o0 the fees would not
6 be opposed, and that all parties would be sat
1 isfied. This was, the plaintiffs say, the real
object, when the bonds were placed in the
hands of Grebaer, before iling his bill in suit
SNo. 7940 of this court.
SAt the opening of the court in the fall of
1see, ....eis pparenty wae no aoting In
good faith; he was "holding with the hounds
and running with the hare." However, the
suit in the Superior District Court on the po
s. tition of one Cook, who alleges himself to be
a citizen of another State, but who
makes no appearance, in any man
ner, by affidavit or otherwise, has
the cause removed to this court, under No.
8014; and now that both the litigants are in
court, as might have been expected from the
k, vacillation of the receiver, the contest
I. rested between Flanders, claiming to retain
n his position, and Grebner, demanding the ap
pointment of his, to be suggested by his
sr counsel; which proceeding somewhat sur
s, prised his Honor, who was, apparently, not
a satisfied with the opposition, and seeing that
it was altogether a squabble for the position
e, of fees, disregarding the rights and Interests
y of the State and corporation who had to pay
,n for the valuable legal talents employed out of
the funds of the Consolidated Association; and
e as this state of affairs could not continue
re a perpetual scandal to the court,
b- counsel for Flanders moved that the two
i cases be consolidated and the party named by
d Grebner's counse iappointee a co-recýiver,
which it was alleged would settle everything.
Both procedings were commenced alike, no
it proper parties thaving been cited, but the pro
,greinme was carried out.
The notoriety of this controversy at last
I, aroused the attention of the State and the
. stock holders, who demanded that the assets be
restored to lawful custodly under the laws of
this State and the revocation of the orders ap
a pointing receivers in those most strange
d suits, evidently gotten up for the sole benefit
of a few individuals and the lawyers appear
ing in the suits, who have beenlimost liberally
paid out of the funds of the corlporation to
place and retain the receivers in office.
Suit No. 8014, be it remembered was trans
ferred to this court on the petition of one
Cook, representing himself to be a citizen of
Ohio, and the owner of bon(ds past due, issued
by the State in aid of the Consolidated Asso
Selation.
An application was filed March 28 by the
president and directors of the-Consolidated
Planters' Assoc(iation to vacate the order
granting a receivership of the corporation In
the case of Grebner vs. the Association. The
bill in chancery was filed under act 20 of 1878
of the extra session. A copy of this act was
t forwardled by the Secretary of State by diree
tion of the Governor, to the Unlt4I States
Circuit Court. The matter now pending is
represented by holders of $i0,00X0 bonds, as
opponents to the order to vacate, on several
grounds:
First--That act 20 was unconstitutional.
Second-That it was to the interest of the
creditors and of the State of Louisiana to
maintain the receivership.
Third-That the aid of the Federal court
having been invoked by an alien, and lixed by
the constitution of the United States, and that
t the Federal court could not relinquish or ab
dicate its authority in favor of any other ju
risdiction.
It is probable the case will be decided to
day, as it was submitteA yesterday.
LED ASTRAY.
Cased by the "Cops," But Released by a
Wolf.
Some days ago a young man appeared be
fore Itecorder Miltenberger and made affidavit
that his youngest sister not yet seventeen
years of age -was leading a life of shame at
one of the giidled palaces tz the city, and
asked that she be taken from the place.
Recorder Miltenberger issued the neces
sary warrant and
THE (GIRL WAS ARRESTED
by detective ofllxlers on the following morn
ing, and having been taken belore Recorder
Miltenberger she was committed to the House
of the Gotod Shepherd, and was taken there
and pllaced in the charge of the sisters.
A lday or two subsequently a manl gving
his name as Walsh called upon Judge Milten
tbrger and asked that the order of commit
ment be revoked, but this the judge declined
to do.
On Monday a man named Abe Wolf, or
Abraham .J. Wolf, who is reported to be a
clerk in tile employ of Kelfer Brothers, No.
15 Magazine street, obtained the release of the
girl through the nmedium of a writ of habeas I
corpus taken out before the Siperlior Criminal
Court, his petition setting forth ill treatmnrent,
or something of that sort, on the part of her
parents, but why he interests himself in se
curing the girl's freedom does not appear.
Another strange feature in the case is that
no notice of the procex.linge, in the Superior
Criminal Court were servedl upon the rela
tives of tire girl; nor were they apprised of
her release until she had been seen upon the
streets, when a relative of the girl again
m:ure compnlaint to the chlief of police.
He, not being aware of the fact that .Judge
Wiltaker had relehsed her, orrdered her ar
rest., an(l she was again taken into cusbtly
yesterday, but was released as soon as that
fact was known, and thus by tire action of the
man Wolf and the habeas corpus, the young
girl is permitted to once more enter upon a
life of shame and disgrace her family.
ACADEMIC SCHOOL NO. 4.
Most Satlsfactory ExercIses at the Col
ored Ulsh School.
On Friday last the colored high school,
known as Academic School No. 4, had an an
nual examination, which turned out in a very
satisfactory way. A Creole girl, Miss Mary
Campanel, delivered the valedictory, which
we regret our space will not permit us to pub
lish. In a graceful manner she bade adieu to
her classmates, and took occasion to give
sound advice to those who continued after her
in the pursuit of knowledge.
We subjoin the following correspondence,
which gives a full account of the proceedings
had upon the occasion:
Editor Democrat-Inclosed please find a
brief history of the colored high schx)ol, known
as Academic School No.4, and organized since
last November.
That efficient and practical educator, the
chief superintendent of our city schools, or
ganized it and the school opened under very
poor prospects. Nevertheless, perseverance
has always its reward, and this new school,
that many thought a failure is now undoubt
edly a grand success. Friday, June 14, was
the day fixed by Superintendent Rogers for
the examination of the pupils. The principal.
I Prof. E. J. Edmunds, being ill and confind in
the house, his worthy assistant, Mrs. Emma
Prados, conducted satisfactorily the exercises.
Superintendent Rogers, with the members
of the committee on academic and normal
schools, Messrs. Archibald Mitchell and Dr.
s C. F. Seeman, visited the school, accompanied
by Director Jos. A. Craig. The children did
so well that Director Craig could not help
from addressing a few words of congratula- 1
tion to teachers and pupils.
4 Miss Madeleine Campanel, a young and
ifiodest Creole, carried off the laurels, she be
I ing the only graduate. Inclosed please find a
copy of the valedictory delivered by her on
the occasion. As I know that your valuable
s paper is always ready to put before the pub
lic whatever good has been accomplished, I
respectfully request that you should publish
that valedictory, which will prove to the
people of the whole State that the colored
people are not so ignorant as they have too
often been reported.
Hoping, sir, that these lines will find room
through your columns, I remain, respectfully,
E. J. EDMUNDS
Professor of Mathematics Colored Normal
School and Principal Academic No. 4.
O. D. A.
It is this evening at the Carrollton Gardens
that the Orleans Dramatic Association give
their first entertainment of the season. One
of the features of the affair will be the produc
tion of the comedy of "Who is Who ?" (instead
of "Ladies' Battle," as at first announced).
The festival will be equal to anything that
the association hlas ever undertaken.
NOT PR'OVED.
Mr. Isaac Schwirm, who was arrested in the
counterfeit matter, and who was the employee
of J. BowskI, for the larceny of $1 25, was
tyesterday disdaarged b.Judge Miltenberger,
there being no prosecutor. Mr. Schwirm eays
that the whole charge came from the misun
derstanding of his employer and happened by
one sale being entered on the books of Mr.
Boweki twice. As he has been entirely re
lieved of the charge, his character is now
cleared of everything placed upon it by the
charge.
ATTENTION, PURPS !
We hereby caution all curs of high and low
degree to abstain from all food that may be
viliously and surreptitiously tendered them
on the streets. Chief Boylan, it appears from
a notice published elsewhere, is determined
upon throwing out upon the streets nefarious
sausages apt to bring sorrow into the bosom
of canine families. We warn the dogs against
this thing. We are friendly to the dogs, and
I do not want them to be slaughtered in an un
u derhanded way. We want the dogs to know
that the chief of police, who, we must admit,
has many good points, wants to make canni
bals of them on the king's highway, and we
W- thnn thnt brat ti, d 's-meat f . they-are- -
invited to Is a fearful delusion and a deadly
snare. Verbum sap.
THE ORLEANS ARTILLERY.
An election for officers of the second com
pany, Battalion Orleans Field Artillery, was
held last evening at the battalion's arsenal,
No. 9 St. Peter street, the election being pre
sided over by Capt. A. Leeseps, of Battery A,
Battalion Orleans Field Artillery, assisted by
Capt. Fagot and Corporal Rouyer, of the old
association, as commissioners. f'he follow
ing officers were duly elected: Captain, M.
Martin; first senior lieutenant, J. Marque;
first junior lieutenant, Eug. Werlein; second
lieutenant, E. Rubold.
BSREVITIER.
i Some men-worthy ones, too seem to be
the special favorities of Dame Fortune. The
n telegraph has already Informled our readers
that the brig I.tleowa, from this port bound
8 to Providence, had put In at Savannah, having
s in tow the bark J. E. Chase, abandoned at sea
with a cargo of 1000 hogsheads.of sugar. The
' Itedowa was loaded here by our esteemed
5 friend, Mr. Wm. Creevy, and her captain,
Byrne, has many friends In this city who
Swill rejoice at his good luck. His portion of
the salvage money will no doubt make him
comfortable for the remainder of his life.
CITY ECHOEN.
Five sacks of charcoal missing caused Thos.
Johnson, colored, to inspect the inside of the
calaboose.
For the larceny of a gold pin and a pair of
cuffs, the property of Mrs. St. Cyr, Jennie
- andllton is in limbxo.
A Newfoundland dog that had bitten a lit
tle girl named Katie Dunn, was killed by
O()fficer Franasco.
There is a hole In the wharf at the head of
St. Joseph street, which ought to be looked
after.
Wmin. McDermott and John Anderson are
now in limibo for forgery and obtaining money
t under false pretenses, under the charge of Mr.
z It. B. Scudder, of No. 262 Josephine street.
t It is all very well to shoot rabid curs, but
when those defunct quadrupeds are allowed
to remain on the streets and diffuse odovrou
essence within smelling distance, the people
objcet.
Disappeared.
Max Chapsky, formerly of St. Charles par
ish and for some time engaged in this city as
a. fancy dry goods merchant, disappeared on
Tuesday last.
Cut.
Mr. Clark, a workman at the Planters' O11
Works, Algiers, received a (deep cut in the
right fore arm by falling upon a knife In the
machinery. His wound was dressed by Dr.
Dyer, and pronounced not dangerous.
Runaway Rorse.
A horse hitched to a buggy at the corner of
St. Peter and Chartres streets, 'becoming
frightened, broke loose and went down Char
tres at a rattling pace, followed by an excited
mob. lie was captured by one ,Jo. Marine
who turned him over to the owner, Edward
Coral, of Jefferson. No &dtnage was done
either to the horse or to the buggy, and Coral
was happy.
A Lucky Escape.
A providential escape from serious Injury
halppented on "luesday night at aibout 11:80
to'le'k, at the resilence of Joseph Kollman.
Mr. Kollman was changing the caps of his
pistol, and his brother was standing by look
Ing on. Suddenly a loud report was heard; the
weapon had exploded accidentally,'the ball
just grazing the shirt sleeve of Mr. Kollman's
brother.
An Old Case Revived.
On the eleventh of June a difficulty took
place between Emilieu Domer and Alfred
Camos, in which the former was severely
wounded with a brick in the hands of Camoe,
Inflhcting an injury which at the time was
thought fatal. On being wounded Domer
made a plunge at Camos with a dirk, and sue
ceeded in cutting him on the right side. Since
that time, however, both parties have recov
ered, and affidavits were made yesterday be
fore Judge Miltent- rger charging each of
them with assault and battery with a danger
ous weapon with intent to kill.
Fire.
At about 3 o'clock yesterday morning an
alarm of fire was sent from box No. 123, and
on coming to the scene the firemen discov
ered that the one-story double frame building
corner of Franklin street and Triton Walk,
owned and occupied by Mrs. Ryan as-bar-
room, was in flames, and in a few moments
not a trace of the house remained. The
property was insured in the London, Liver
pool and Globe Insurance Company for $1000.
The variety store of Chas. Schrelbr,e on the
other side of the house,was totally consumed.
The store was insured in the Home Insurance
Company for $400. Cause of the fire is un
known.
The Lost Returned.
On Sunday, the sixteenth instrnt, John H.
Smith was arrested for assaulting and beat
ing his wife and his mother-in-law, Mrs.
Tabary. He was arraigned the next morning
in the Second Recorder's Court, affidavits
having been made by Mr. Post, brother-in
law of the accused. The latter was required
to give bond of $500 (appearance bonds) on
each charge.
As is usually the case when persons are
thought trustworthy, he was not confined in
the dock, which was crowded, but was allowed
to remain in the court room until he had fur
nished the required bond.
He took advantage of the crowded condi
tion of the court to slip out unobserved by
the court officers, who, howeve,., very shortly
afterwards discovered that he had fled and
who immediately informed the central ofice
of the fact, and requested that the proper
orders be given for the arrest of the man
wherever found.
Yesterday morning, at an early hour,-
court officer, who had spent the whole night
watching the residence of the fugitive, ar
rested him as he was about to enter. Smith
was brought back to the court and severely
reprimanded by the judge for his sneaking
conduct, and afterwards he was put in a safe
place.
Loulsvillel Races, July 4,
'"eGreat Jackson route will sell exuoarefsion
tickets to Loulisville at one full fare. 527 65, for
Sthe round trip. 1 ickets will be sold June 28. 29
and 3e, good to return till July 7. Pullman
sleeping cars through without change. +
In special Pullman palace ears to the Louis
ville races, July 4. via the Mobile fast line. Call
early on J. W. Coleman. ticket agent, for infor
mation and 'teirable location in sleepers. Sale
commences June 28 and closes June 3o; wood
until July 7. 1878 Pxre for rount trip, $27 65.
Montgomery & Co sell a vartety of good fur
niture to-day at 11 o'clock. bee advertisement.
Travelers often wonder why their fellow-trav
'lers are so loud in their graise of the Colonnade
Hotel, Philadelpohis, but. after avisitthemselve,
they are eaetisted of its iamoue caxellence,