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IOUTHERN YACHT CLUB M3ETINI :
Entries for the Race.
Never perhaps since the palmy days o'
yachting In the South has there been so muct
Interest taken in yachting as there has beter
since the organization of the Southern Yachi
Club, as wars evinced at the meeting held last
At the appoilnted time Corn. O'Brien calle
the club to order at its meeting room- Haw
kins' parlors there being present no less thai
100 gentlemen, members of the club and others
Interested in the coming regatta. Without
reading the minutes at length, the president
NOMINATIONS F1ol MEMIEJtEHIPII'
were in order, whroeupon the namneso thirty
three gentlemen were subrnmitte. by the club
members, the nominces being elected seriatim.
The conference committee to whom was as
signed the duty of looking for a harbor, etc.,
reported that the hay in the roar of the revet
ment levee at the New Lake End would mnake
a splendid harbor and also that a suspension
bridge would be built at tihe point just in the
rear of the lever and where the bridge now
tilnds that connects the bay with the bayou.
They also reported that I he club could have
the use of the St. John Rowing Club boat
house for the hop which is to be given on the
night of the regatta.
It was then, on motion, decided that the en
tries must close by 6 p. mn. on Saturday (to
morrow), at which time a list of the crws of
each boat entered must be Ill(d1.
The following committees were then ap
H. Rareshide, .Justin Wolkart.
Chris. O(haffo .Jr., It. . Bond,
It. L. McMurdo, Thos. L. Ahroy,
The entries made to date were then road as
Boats. By whom entered.
Iisn ........ .....H. Rareshide
talie C .............. . W. (rune
o.V. Claiborne ......... A. Claiborne
emini .. ....... C... T. Boardman
Grace Darling......... ... . W. H. Bell
Tempest.... ...am'i Hasllp
iphias . ................. F. T. Howard
tless ... ..........Aristide Hlopkins
-- ma ... ............. Johnson
THI ID CLASS.
agle ...................... A. Brewster
.iluu .......................... Ed. Harris
Po name)..... ................. E. L. Israel
iNo name)................. ....A. A. Maginnis
4rmtde. H. DelBondto
Edlth ....................E. B. Hopkins
Quarantine .................. Dr. J. J. Finney
Brenda .....................H. DelBondlo
Jno, Mahoney ..... .............A. Corliss
Olvia ......... ..... ...J. B. McConnell
Nameless ................ Breaux Underhill
Vincent ...................A. Marincovitch
The president then announced the following
John Glynn, Jr., C. T. Soniat,
B. F. Jonas, F. A. Monroe,
M. H. Gunther, E. U. Villore,
when, there being no further business, the
club adjourned until Saturday at 7:30 p. in.
In connection with the meeting, it Is proper
to add that the prlzes, all of which are nmade
of solid silver, will arrive here to-day from
the manufactory, and will be on exhibition at
one of the prominent jewelry establi~hnhents.
THE CANNON AlRlRIWS.
The Levee Crowded With People to Wel
come the New steamer.
There was a sensation on the levee yester
day morning over the anticipid arrival of
the new steamer John W. Cannon. For more
than an hour before the hour announced the
wharf at the foot of Canal street was crowded,
while hundreds ascended to the hurricane
deck of the neighboring steamers, John A.
Scudder, Frank Pargoud and Cov. Allen,
awaiting the first appearance of the boat in the
turn of the River at Bull's Head. About 11:30
o'clock her smoke was seen, and in a few min
utee she rounded the point, gracefully gliding
along with the very poetry of motion. Imme
diately there started one chorus of whistles
'and bells that made the air alive with sound,
and above the discordant din the booming of
the guns of Battery B, Louisiana Field Artil
lery, gave welcome to the new craft. As she
cameon the guns of the artillery had given
notice to the city that the long looked for boat
was nearing, and immediately every thor
oughfare leading to the river was crowded
When the boat rounded to to make the land
ing, there must have been two thousand peo- 1
ple on the levee.
As soon as she had been made fast, the
throng commencdci pouring in and her stage I
was so crowded that it was with difficulty any I
one could move along, except at a snail's pace.
During the day there were fully five thou- r
sand visitors, and even into the night the
saloon was crowded.
Of the boat itself it can only be said that
she's a beauty. Her hull has all the lines re
quired for swiftness. Forward her hollow
and well-designed bow takes the water with
a smoothness that is the perfection of design, 1
whilst aft she carries no dead water after her.
If she does not prove exceedingly swift after i
her new engines get to working well, then
the rules of naval construction are at fault.
Of her engines, cabins and furniture a full de
scription has beeu published at much length I
in our columns btefore, and will be found in
another column to-day.
Capt. Cannon deserves the many congratu
lations he received yesterday for his enter
prise and energy.
THE PROTECTION LEVEE.
The agony is over. Yesterday the City
Council finally passed the ordinance pro
viding for the repairing and securing from
further damage 'of the lake-end protection
levee, and the bid of Messrs. Foucher &
Downey was accepted. The ordinance was,
however, amended by providing that the City
Railroad Company shall be reimbursed the
amount advanced by them in one and two
years. instead of one, two and three years.
The sample of the device to indicate the
names of the streets, deposited in the office of
Administrator McCaffrey, is a clumsy cast
iron quadrangle with the names of the streets
cast in open work in the band.. It does not
compare favorably with the Chicago device,
after which it is copied, and which is placed
also over the street lamps. The Chicago
signs, however, are made of sheet copper, with
the names of the streets stenciled through
the band, making a light and elegant sign.
Knowing ones think that the price asked for
east iron device ($1 35 each) is very high. It
makes no difference, however, for the ques
tion arises in this case, as in many others:
Where is the money to come front to provide
one of these signs for each of our street cor
ner lamps ?
To-day inaugurates an era of two days' fes
tivities at Carrollton Gardens, given under
the auspices of the ladies of Calvary Church
by the Upide Club of the Washington Artil
lery. There will be given the "Mystic Drill,"
the "lhadow Pantomime," the great Voudou
dance and the Mount Zion Quartette. There
Is urly eeent in store for those who 1
will fr the boys know what they I
.W up i a~s~~~irt
level. To-morrow there will 'be a promenade
concert and dancing on the platform. Gooc
care has been taken to provide for the hungr3
and thirsty; refreshments at city prices.
THE LIQUOR DEALERS.
Meetlng of the Opponents . the Moffett
There was quite a large, meeting of thin
Wine and Malt Liquor Dealers' Associatior
last evening at Coliseum Hall, on BlenvillE
street, President IHollander In the chair.
At its opening the president explained the
object of the call. He said that It was for the
purpose of discussing financial matters and
to learn the present condition of the Moffett
register injunction ease now pending. He
therefore called upon Mr. G. Santini, who le
one of the attorneys of the association as well
as a member.
Mr. Santlni explained that the matter was
now under advisement by Judge Itogers, and
a judgment might be expetrted at any time.
11e urged that the membelrs ought to stand
together In the movement, for it was possible
the case might have to be carried to the
'United States Supreme Court. Hle spoke at
some length upon the subject, and expressed
the hope that every memnber would use his
ihluence to secure the earnest support of all
dealers and the hearty co-operation of other
members. He urged that an additional
assessment be made to defray all possible ex
penses in the matter.
Mr. J. P. Becker than moved that an assess
ment of $5 for each member be made, which
motion was carried.
A placard containing the names of the mem
bers of both Houses of the Legislature and
which way they had voted on the Moffet Reg
ister bill was distributed. The president
instructed every member to post them upin
a conspicuous place in their saloons. After
the transaction of some business of minor
importance the meeting adjourned.
THE CITY ENJOINED.
Ellermann's Debt to the City to be Depos
lied In Court.
A bill in chancery was filed In the case of
Henry Ellermann vs. City of New Orleans,
James E. Zunts et als., yesterday, setting
forth that about the twenty-ninth of June,
1875, he leased the wharf revenues from the
That among the obligations assumed by
him was one by which he undertook to pay
the interest coupons attached to the wharf
bonds. He does not admit his liability for
more than three-fourths of this interest due
on the unstamped bonds. Complainant al
leges that prior to the first of June J. L. Gu
bernator, for the use of M. Benner, on an
execution Issued in the case of Myra Clark
Gaines vs. the city, seized by process of gar
nishment In his hands the debt due by him to
the city for the payment of the coupons,
which garnishment he answered, admitting
the sum due by him.
Subsequently, on the thirteenth of June,
J. E. Zunts subrogated in the same suit of
Mrs. Gaines vs. the city, and caused a similar
garnishment to Issue.
Complainant alleges the plaintiffs in these
garnishment suits are about to take judg
mnents against him as garnishee. He believes
that the city disputes the validity of these
garnishments anl refuses to recognize the
payment of them as an acquittance of the
)bligations of complainant to the city; and
further, that L. J. Gasquet, acting for him
self and holders of wharf bonds, sets up some
pretensions to the money seized.
An injunction is prayed for against all the
alfbove larties, requiring them to interplead
and settle t heir respective rights to the amount
gainisheed in his hands, and restrained from
taking any further legal proceedings in the
.Tudge Billings granted the order and re
lrireid the funds garnisheed to be deposited
in the registry of the court.
TAX ON BANKSI .
Bills for Injunction FIled Yesterday Be
fore Judge Billings.
The Louisiana National Bank has filed a
bill for an injunction against Major E. A.
Burke, tax collector of the First District of
New Orleans, and the Board of Assessors of
The bill sets forth that the assessors, under
color of the law, have assessed against the
bank claimed to be due the State for the year
1877, payable in 1878, upon a taxable basis of
$312,950, which assessment is claimed by the
board to be property over and above the prop
erty of the bank other than real estate and
capital stock; also, they have assessed fur
ther, upon a taxable basis of $580,000 upon
the mercantile capital and money at interest
of complainants, which the State tax collec
tor claims taxes for the State of 124'. mills on
The bill says this is unlawful because the
power of the State to tax national banks cre
ated under the acts of Congress can be exer
cised only so far, and in the mode prescribed
by the acts of Congress. These statutes per
mit the taxation of the real estate of such in
stitutions and the capital stock under certain
restrictions, but not any other property.
2. The assessment is null and void. having
been made in 1877, and was declared so by act
of the Legislature No. 8 of 1878.
The bill sets up a number of other grounds,
and closes with a prayer for an injunction. A
rule nisi was granted, returnable the first
Monday of November.
The State' National Bank also has filed a
)ill in chancery before Judge Billings against
Messrs. E. A. Burke, Allen Jumel, Auditor,
and the Board of Assessors, also upon the
same grounds virtually as are in the other
bill. and a like restraining order was granted
and made returnable first Monday in Novenn
THE CARROLLTON COURT.
Thomas Sweeney, indicted for assaulting
and beating Robert Campbell, was tried on
Monday last, but the jury failed to agree
upon a verdict.
George Williams icolored), accused of lar
ceny, was tried and found guilty.
Walter Taylor, the youthful darkey accused
of shooting Walter Blood with intent to kill
and murder, was tried on Tuesday and ac
In the case of Julia Davis, accused of as
sault and battery, the jury found a verdict of
Yesterday the court was engaged in trying
the well known keeper of Schroeder's Garden,
in Carrollton, on a charge of perjury. The
circumstances, as elicited by the testimony,
are about as follows: Hermann Thieler, a
neighbor of Schroeder's, understanding that
Schroeder had made disparaging remarks re
garding his family, sought Schroeder, as he
says, to warn him not to do so any more.
Subsequently Schroeder caused Thieler to be
arrested on a charge of lying in wait with in
tent to do him some bodily harm. The
charge having been dismissed, Thieler in
his turn caused the arrest of Schroeder
on a charge of perjury. One of the witnesses
for the State was quite amusing. On being
cross-examined and asked whether he had
seen a knife in the hands of Thieler, he re
plied that he had not, and vlunteered to bay,
besides, that had Thieler had a knife in his
hand he would have seen it. He afterwards I
admitted that the parties were at the moment I
referred to nearly two blocks from where he
was standing. Being pressed by Mr. Besan
con, the attorney for the defense, witness was
finally compelled to acknowledge that
he was not positive of what he as
serted. The situation prompted Judge
Pardee to remark to the witness:
"You didn't see what you didn't see, that's
what you mean." Further on during the
cross-examination witness evidenced his ani
mus towards the prisoner by admitting that
hehad said prior to the trial roader
that he knew Schroeder must be guilty from
what he knew of Schroeder under other cir
cumstances, and that he wanted him to be
This episode terminated his usefulness on
the witness stand.
Yesterday St. Paul's Church was the scene
of a happy marriage, which was attended
by many of our best known and most re
spected citizens. The Hev. Dr. Leacock joined
in the holy bonds of matrimony Miss Lucy
Stamps and Mr. E. H. Farrar. A feature in
the ceremony was the giving away of the
bride by his excellency Jefferson Davis.
Mr. Farrar, the bridegroom, is a brilliant
and rising young lawyer of this city.
The fair young bride is related to several of
the most distinguished families in the South.
She is the grand-niece of ex-President Jeffer
son Davis and the grand-daughter of that gal
lant and honored soldier, Gen. Ben Hum
phries, of Mississippi. Her father, Capt.
Isaac Stamps, nephew of Mr. Davis, and an
officer in the Twenty-first Mississippi Regi
ment, was killed at the head of his com
pany in the battle of Gettysburg. Of her pa
ternal grandfather, who died last year at a
very advanced age, the old citizens of Wil
kinson county often relate a romantic
adventure, which illustrates the iron
nerve and dauntless courage which dis
tinguishe(d him through life. In the wild
days of Mississipp, when that State and Lou
isiana were both infested by .John A. Murrell's
gang of highwaymen, Mr. Stamps, then a
young man, was traveling on horseback
trom Jackson to Woodville. He had about
his person a large sum of money, part of
which was his own and part of which he had
been entrusted with by friends. The band
got Information of this fact, and waylaid him
on the road. Three of them, including the
famous Murrell himself, rode out, confronted
the adventurous traveler, and with
pistols presented, ordered him to sur
render and give up the money he had
concealed about him. With perfect cool
ness Stamps replied that he would neither
give uo the money nor surrender; that they
might shoot him if they chose to do so, and
rob his body, but he would protect the money
that had been entrusted to him and, as for
himself he would as lieve be without brains
as without money. Murrell was so im
pressed by the coo! a nd resolute courage of
his victim that he . o up the purpose of
robbery, detailed a guard of his trusted men
to guide him to a safe point on his road, and
ever afterward said that Stamps was the
bravest man he ever met in his life.
We cordially wish the young bride, sweet
inheritress of so much nobility and chivalry,
the realization of all her brightest hopes.
German Auxillary Club.
An adjourned meeting of the German Club
of the tenth ward was held last night for the
purpose of effecting a permanent organiza
tion, Leo Blessing in the chair.
After adopting a constitution and by-laws a
permanent organization was effected by the
election of the following officers: President,
Leo Blessing; vice president, Adolph Schmidt;
secretary, Andrew Scthmidt; treasurer, Philip
Laumann; marshal, F. Stumpt; sergeant-at
arms, J. Mahoney.
On motion the following gentlemen were
appointed as a conference comnmittee: Geo.
t1eachor, G. Fogel, A. Sc:hmidtand A. Krcaver.
Fully 175 members were pr.esent.
INDEPENDENT ('LCUB, ELEVENTH WARD.
Last evening, on Washington street, near
Magazine, in the eleventh ward, a club was
organized under this name. There were
present eighty-seven bone flide members, who
elected( the following ofllc, rs: T. J. B. Flynn,
president; Joseph Herberger, first vice presi
dent; Clemens Sinu, second vice president;
John A. Stalger, recordtng secretary; William
McGawley, financial secretary; John Schnel
der, treasurer; I'. O'sullivan, marshal.
The following resolution was unanimously
Whereas, this clubt recognizing the fact that
there are three candidates in the field, each of
whom has friends who declare their especial
choice to be the proper person to be elected to
the presidency of the Central Club of the
eleventh ward, and also recognizing the fact
that this club is cohposed of a majority who
desire to exercise their franchise as pleases
them ; therefore, be it
Resolved, That this club be strictly inde
pendent, advocating the cause of no particu
lar candidate, leaving each member hereof
tree to vote for any candidate he may select.
Last night there was a large meeting held
at the corner of St. Charles and St. .Joseph
streets, about 140 members signing the roll.
The following officers were elected: Presi
rient, Michael Costello; vice president, Louis
Clare; secretary, Michael Mahoney treas
urer, - Harrison grand marshal, T- obin.
The club unanimously indorsed Mr. John
Doyle for the presidency of the Second Ward
Nobody killed yesterday in the Custom
The United States Court adjourned yester
day sine die, and Judge Billings started oh his
tril) North Jor the vacation.
Orders will issue to-day from the Adjutant
General's office, directing an insoection of the
Orleans Artillery on the thirteenth proximo.
A meeting of the New Orleans Gun Club is
called fc:- 6 o'clock this evening, at Buckly's
stationery store, No. 53 Carondelet street.
A committee of three, reputed to be from
the Native American party, called at the Ex
ecutive office yesterday, but did not see his
Excellency, as he was busily engaged.
United States District Attorney Leonard's
commission was received from Washington
yesterday, and was spread upon the minutes
of the United States courts.
Mr. Max Chapsky whose -body was found
last evening in the river, was not formerly of
St. Charles parish, a similarity of names hav
ing led to tue error.
The total receipts at the United States sub
treasury yesterday were $36,896 10, as fol
lows: Customs duties (coin), $2817 71; coin
checks sold for duties, $2536; internal rev
enue, $1419 73; postoffice, $14,700.
Dr. Mercier, Prof. Soule, Judge Whitaker
and Mr. Douglas West, the experts appointed
to examine the plan in the Breton market
case, want $500 apiece for their services before
giving the result.
Mr. James L. Stuber, of this city, was mar
ried in Mobile Monday last, to Miss Azelia
Florian, daughter of Lloyd Bowers, of that
city. They have our best wishes for their
On Saturday, the twenty-ninth instant,
comes off the election of presidents of the
central ward clubs. It is good for the people
who have failed to register at the ward clubs
to know that they can vote upon producing
their certificate of registration for the year
1878, which can be procured at Col. Landry's
office at the State-House.
The degree of doctor of divinity was re
cently conferred on the Rev. Campbell Fair,
formerly assistant rector of Christ Church on
Canal street how rector of the Church of the
Ascension, Baltimore, by the University of
Nebraska. The nomination was made by the
Right Rev. Bishop Clarkson of that diocese,
and the degree was the only one given this
year by the University.
Loutsville Races, July 4.
The Great Jackson route will sell excursion
tickets to Louisville at one full fare. 527 65, for
the round trip. '1 ickets will be sold June 28. 29
and 30. good to return till July 7. Pullman
sleeping cars through without change.
On First of July proximo, Judgments
will be obtained on City Taxes of 1878.
SuccBssIox OF GUSTATVE SCHxDT.-Thls eves
ning at 7 '1.i.ch Placide J. 3,eear will continue
the sale at auction, at No. 4 Royal street. of the
splendid library of the lat-. d4Baseed, toesale
oeig ltht eptendid work of the Journal
4t- .*PtiAh* volasaes. 4LWoat to
The Rads Want One Per Cent for Cam
A further inquiry into the matter of "Fed
oral ai3s8nsments" reveals the fact that all of
the old officials and employees, even to the
laborers, in the civil service in this city have
received a "billet doux" similar to that pub
lished in yesterday morninga' DEMOU.Ar.
In some instances those who were in the
service at, the (late of the publication of the
Blue Book, but who have since resigned or
have been lismissed, were included in the list
to be assessed for a campaign fund, but they,
of course, make a "kick," as it were, and re
fuse to fork over to the committee.
In other instances assessments are made
upon those whose salaries have Jwuen reduco(
since the blue-book was issued, the committer
mulating each employee, official or laborer,
for 1 per cent of their salary in this the lirst
Some of the men think that kind of a forced
loan is rather steep to begin the campaign
with so early in the season, and one of those
seen was of the opinion that it was an effort
to make good that $5r000 or so expenses of the
The circulars are sent here by mail, and are
addressdl, as stated, to each and every em
ployem on the rolls, in any Federal capacity,
at the time the blue-book was issued.
Max Chapsky Ends His Troubles in the
Wednesday last it was rumored that Max
Chtapsky, a young man twenty-five years of
age, doing business at No. 14 Camp street,
had disappearedl. Diligent search was made
for him, but to no avail. He had last been
seen at the corner of St. Ann and Levee
streets, without any coat or vest on, he hav
ing sent them to his store by a boy who w is
with him at the time.
Hils watch, pocketbook rings, etc., were
carefully placed inside of the coat.
This is all that was known of him for two
Last evening, at about 7 o'clock, a man
IROWINO A SKIFF
in the river, just opposite the Cromwell
steamship landing, and about forty yards
from the wharf. saw a black object suddenly
shoot up before him from the river about two
feet in the air and fall again in the water
where It floated. He pulled towards it, and
immediately, to his "horror, recognized a
The man looked at it for a few Aeconds with
out saying a word or moving a limb, but,
finally overcoming his natural repugnance,
lie secured the body and towed it to the
wharf opposite Couti street, and made it fast.
The police were notified of the occurrence
and in ormnation sent to the Central Station,
as the body was supposed to be that of Max
Chiapsky. A m~essenge'r was dispatchet l to
the brothersof Chlapsky, and in a few minutes
botth were on the spot, and lbefore even seeing
the face of the drowned man exclaimed, "This
The coroner was sent for, and on his arrival
a jury was tinpanelel. The brothers of
Chapsky toestilled in substance that Max had
warned their sister on Sunday that he would
drown himself ; she remonstrated with him,
and asked the reason for such a rash act.
"Well," he replied, "I do no business; I am
tired of life; I cannot succe·ed in anything."
Sire quieted hirn, and finally thought no more
about the co)nver.',Ottion. Sunday evening he
went out as usual to take a walk; on Monday
he seemed all right, and even on Tuesday .he
dlid not appear in any way troubled or con
The evidence being conclusive the jury ren
dered a verdict of death by intentional drown
ing. When the inquest was over the body
was inclosed iiin a cefflin and forwarded to the
Jewish Cmonetery on Canal street, where it
will be prepaIred for interment.
Such is the sad ending of a young life,
which promised a bright future, but which
was blasted by too great anxiety and unrest.
Mr. Max Clnapsky was a young man of
much intelligence, possessed of a line busi
ness tact, was well known here, and had all
In his power to become one day rich and
happy, which surely would have happened
if in a moment of rashness he had not put an
end to his existence.
A CRUELT MoOfrHER.
She Cruelly Beats Her Little Girl Aged
Annie .Jones, a colored woman, residing at
the corner of St. Joseph and Peters streets,
was arrested by Officer Quinn on the com- r
plaint of several citizens who accused Annie
of unmercifullly beating her little daughter,
Ella, aged six years.
It seems that yesterday morning at 5
o'cl:ck Annie told her little girl to get up;
she did not obey immediately, and thereupon
was pulled out of bed and savagely beaten
by her mother with a heavy strap. After
thus beating the child, Annie went out and
the poor little thing sobbed herself to sleep
again. When she awoke she went into the
yard and seemed so sick and worn out that
the landlady asked her what was the matter.
"Mother beat me," she answered.
The kind lady examined the child and found
that, her back was almost completely cut to
the flesh by the blows she had received. Im
mediately Officer Quinn was sent for, the
case was explained to him and he took the
child to the Central Station.
Shortly afterwards the mother came to
claim her child, but was locked up. The
neighbors of the woman say that since the
death of her husband, four months ago, she
has always been very cruel towards her child,
beating her day and night as if she wanted to
get rid of her child by ill-treatment.
THE PLANTERs' BANK.
The Question of Vacating the Order for a
Judge Billings yesterday rendered the fol
Max Grebner vs. B. F. Flanders et al., No.
7940; in the matter of the Consolidated Asso
clation of the Planters of Louisiana, No. 8114;
State of Louisiana vs. B. F. Flanders anl
Allain Eustis, No. 8242.--The desire and deter
mination of the court to give due considera
tion to the wish of the Legislature of the
State of Louisiana, as expressed in its act
No.-- of the session of 1878, has led me to
listen to a thorough argument as to the ori
ginal jurisdiction of the court in this matter,
and as to any authority which it might
possess to surrender jurisdiction if acquired
First-I am satisfied that the court has ja
risdlction over this matter. The jurisdciu !,n
of the Circuit Court sitting in causes in eu: v
springs directly from the constitution of t. "
United States, which provides (Art. 2, secti, .
1), and the various acts of Congress whic:
lodge this judicial power in the Circuit Court.
It was impossible for the Legislature of thb
State to crcumascribe the jurisdiction of the
Circuit Court as thus established.
Max Grebner is an alien, and the corpora
tion which he sues is a citizen in this State.
I do not find that there has ever been a doubt
expressed, that in a case precisely like this,
that is to say, where a corporation was cre
ated under the laws of a State which provided
the means for the liquidation of its affairs,
but where, at the time the court was asked to
interpose its authority and take the adminis
tration of the affairs of the corporation, there
was a total neglect on the part of the corpora
tion and of the stockholders and of the State
to provide any administration of its affairs,
anda creditor of the corporation at that time
files his bill asking the court to administer
the property of the corporation for the benefit
of himself and the other creditors, that the
court would have complete jurisdiction.
Second-As the case stands now, Grebner
and Cook, representing in the vicinity of
$2000 of obligatlons of the corporation, ask
the interposition of the court, and creditors
who represent some $38,000, but who are so
tutea S b reasono oIf their that
WOW OsDIlVtgm ttepp 94pI1
original action, oin in asking this court to
retain the administration of the property.
I am forced reluctantly to the conclusion
that the proper course for this court is to
leave the administration of the property of
this corporation where the constitution and
laws of the United States have left It.
The appeal should not be to the court, which
is powerless to waive any of the rights thus
given to the complainants, but to the com
plainants themselves. Let the application be
THE WHARIF QUETIOL.
Judge Billings Decides the Case of Henry
Ellerman vs. tharles Morgan.
No. 8276. Henry Ellermann and City of New
Orleans vs. Charles Morgan.--In this .cse
the city becomes a party merely for the pur
pose of sustaining the claim of the plaintif,
tlenry Elermrann and asserts no rights of her
own, Independently of his. It Is alleged In
substance in plaintiff's pItitlon that Eller
mann is the subrogee to all the rights of the
city in relation to wharves, and the collection
of wharfage dues therefrom; that the do
fondant has taken I(,orssion of a portlon of
the shores of the Mississippi river and built
a wharf thert.n, on the right bank of the
river, and that he has used and allowed others
to use this wharf, whereby he became in
debted to the said Ellermann, the plaintiff, as
subrtogeo of the city, in the sume of $26,010
and upwards, after deducting the estimat..d
cost of building the wharf.
The answer of the defendant is a general
denial In connrection with special defenses set
ting up rights under the franchises of tihe
Ols.Jousas Iallrroal (Conpany, which he ac
Jquirted by purchase.
The qu esstons which are sought to be pre
sented here are complicated; at the thresholdl
of the inquiry Into the case it must be de
terrnlned whether under the leasse by which
Ellermrann claims he can maintain this suit.
It is clear (rorn the language of the ordl
nanlco authofizing the lease that the wharf In
controversy was not In the contemplation of
either party to the lease at the time it :,as
execut!(ll. Section 12 of the ordinance No. 3 21,
May 1, 15875, page 17 of the printed pamphlet
marked A, provides:
"That the transforee shall not be req|tuired
to take charge of the leveurs except In the
First, Second, Third and Fourth listricts of
the city, but that the said tranrrsfrs, shall not
he entitled to receive any revenue fromnr ves
sels landing in the other dlistricts until after
the wharves shall have beee,n built and the
transferee shall have cornplled with the re
quiremnents of this ord(ilnnce:, In relation tin
Section 19 (p. 17) providles that the person
to whomIl shall be transferred the revenues
collectibl as aforesaid shall accept arid take
posscesson of thie wharves, landings and lovers
contained within the' lirits here ulrafter sp5c.l
It appears from the evidence that the wharf
In quelstion is In neither Iof th, districts named
above; that it had been built anterior to the
dlate of the les'*, and was in existence and in
rise at thile time the contriact of lease was en
tred ilnt. The city at that time never
claimed wharfage for its use. It is located in
one of the excepteed districts (the Fifth, and
the lease, In restricting the right of Eller
mann to the collection of wharfage in certain
districts, makes no mention of this. It is evi
dent that it was the intention of the part es to
this lease that his right to the coillection Of
wharfage In the other districts, including the
locality in which this wharf is sitlatLed, should
be restricted to such wharves as might there
after be built.
The court, therefore, finds as a conclusion I
,f law that undtler the lease the lessqe. Henry
Ellerirmann, cannot maintain this action to re
cover the whalrfago.
It is not the intention of the court to ex
press or intimate any opinion uip)n the rnierits
of the case as to the rights of the city over the
wharf in questlon.
Let there be judgment for the defendant, as
in cs(' of non-suit.
NEW ORLEANS UNIVERSITY.
The New Orleans University held com
monucement exercises yesterday at Wesley
Chapel, and everything went off in a very sat
isfactory way. The following was the pro
gramme of exercises:
Music. Prayer, C. H. Thompson, D. D.
Music. Oration (Act well yrur part), J. W. E.
Bowens. Music. Oration (The Basis of Na
tional Prosperity), S. T. Clanton. Music.
Essay (Mecca), Miss S. A. Merritt. Music.
Oration (A Glimpse of the Future), I. Eug.
Mullon. Music. Presentation of diplomas
by the president. Music. Song (Lauriger
Horatius), by the class. Address to the class,
Rev. Dr. J.. C. Hartzell. Music. Beenediction,
Rev. E. Williams.
THE BOARO OF HEALTH
There was to be have been a meeting of the
Board of Health last evening, but owning to
the absence of a quorum no business was
CLUB DRAMATIQUIE LOUISIANAIS.
This club, well known in French dramatic
circles, gives to-morrow their first comnpli
mentary benefit of the season. Upon this
occasion they will play "Los Filles de Marbr"'
and "Un Garcon de Chez Very." The club
has a splendid reputation, and we congratu
late the parties who will receive invitations.
James Walsh was deservedly yanked into
the Sixth, for persistently following a lady.
Harriet Jackson was collapsed in the Sixth
on a charge of larceny.
For assaulting and wounding A. Deville
neuve, John Joani reposes in the Fifth.
A white man, named Griffin was sent to
the hospital in a sick and destitute condition.
The house corner Seventh and Tchoupitou
las streets was found open Wednesday night
Several city wells in Algiers are in a bad
condition, the covering of the same being in
A coal oil lamp exploded at the residence of
Mrs. Brown, corner Josephine and Laurent
streets, No damage.
The liquor store of 0. F. Malthus, No. 54
Gravier street, was found open Wednesday
Part of the fence of the vacant lot on Wash
Ington, between St. Charles and Pryta.nla
streets, Is down and obstructs the banquette.
A gas lamp which stands on Esplanade
street, near Mystery, was i$o affected the
other day by shining when the moon was out
that it is now in a broken-down condition.
Jas. Dixon got a little excited and tried to
put daylight through Frank Prat with a re
volver but hardly had he fired when a peeler
hauled him to the Second Precinct Station.
A horse and buggy took flight at the cor
ner of Seventh and Magazine streets at 4
o'clock Wednesday, and in a short time the
buggy upset and was smashed. A young
boy who was in the buggy escaped without a
Judge Miltenberger discharged yesterday
J. M. Armsteari, the engineer of a train of
the Mobile Railroad which knocked down a
woman named Julia Leary, at the corner of
Dauphine and Elysian Fields streets, the evi
dence showing no negligence on his part.
Jas. Darcey, residing at the corner of Poet
and Greatmen streets, while under the in
fluence of strong potations thinks that he can
fly like a bird. However, he was mistaken
when he jumped out of the second story win
dow of his house and sprained his ankle.
A Small Blaze.
About half-past 9 o'clock on Wednesday
morning a fire broke out in a shanty occu
pied by a colored man, on the corner of
Banks street and Hagan Avenue, damaging
the building to the amount of about $7. The
fire was caused by a defective stove.
Slegel on Trial.
The preliminary examination of Otto Siegel,
charged with passing counterfeit money took
lae yesterday i-ore Commissioner Lane.
o fis at tAehutri ~ PD s tee that
Siteegel had taken the money from the package
received by the Consul from Austria sand ad
dressed to the accused. Siegel was released
on bond to appear at 9 o'clock to-day.
Wednesday night some unknown party en
tered the room of Mr. Bates, No. 220 Baronne
street, whilst he was asleep, and stole there
from a silver watch, a gold collar button and
gold sleeve buttons. No clue to the thief as
yet, though suspicions are entertained that a
certain party, who is now watched, is the
Now that summer is upon us we hear about
the sweet smell IIng roses and orange blossoms,
but it is not always that kind of fragrance
which Issues from a certain pig-sty on Canal
street, between Salcedo and Lopez. The
proper authorities ought at once to have the
place cleaned out, for it is a nuisance often
times complained of, but never abatod.
Two sons of Africa, yclept respectively Co
lumbus Washington and Urius Smith got
into a quarrel. What was the cause of It can
only be e,nject.ured; probably U.rius up
braided Columbus Washington for not follow
ing in the footsteps of the two great men
whIose names lhe bears, or perhaps it is some
thing else; but sufhll. to say that Urlus feels
the blow which his assailant gave him on the
shoulder with an ax.
----- *** -
suhot In the Leg.
A light took place at the corner of Moreau
and MindevillI strecet between two white
men named Paul Morgan and William Lung,
aged 20 and 22 ycars. T'hte latter was shot in
the right leg, above the knee, by Morgan who
eiscaped. Lung was removed to his resldence,
on Marigniy, titweerin Casacalvo and Moreau
streets, where he was attendrli by Dr. David
son, who pr[onounced his wound painful but
UNITED STATRE CIRCUIT COURT.
Myra Clark Gaines vs. P. F. Agnelly et
als. -Judge Billings yesterday read an opin
ion in the above case. It was on the motion
of the core plainants to make absolute certain
payrrments entered at the November term pro
(ronfeo against D. L. Kornion, L. Franeini
and others, and Judge Billings decided in
favor of Mrs. Gaines, ordering that a master
be appointed to hear and determine the value
of the fruits and revenues.
Myra Clark Gaines vs. I'. H. Mousseaux et
al. -A like judlgmennt was entered in this
In the case of E. C. Hance.k vs. E. J. Mrs.
Holbrook et als., leave was granted plaintiff
to take testimony before United States Com
missioner F. A. Wolfl.-y.
Cockrem, ree ,iver of the New Orleans Na
tional Bank Association vs. C. Cavaroc et al.
Judge Billings decrees that the net proceeds
of the sale of the steamship Tappahannock In
the registry of the court be applied to the re
duction of the amount due on certain mort
gage notes. Further, that comrnplainants re
cover from Fairbanks & Gilman and from
Samuel H. Gilman anri successlon of John
Fairbanks the sum of $10,000.
FIRST DISTRICT COURT.
John Lewis was sentenced to the Parish
Prison for one month, he having, on the even
ing of April 10, ultito, cut a woman at a
house No. 121 Barracks street.
Ten dlays of prison-,-such is the sentence
which the court passed on AMb Rosenstein for
the theft of three cravats from a store on
SECOND DISTRICT COURT.
Before Judge Tissot the succession of
Etinnem Paillott was open yesterday.
Mary Lee Behan filed a petition praying to
be, em ancipated.
Thos. Hardeman, executor of the late W.
D. Harderman, has filed a petition alleging an
indebtedlness on the part of the succession of
the latter in a large sum to him and that a
sale of the real estate belonging to the suo
cessilon is necessary to pay the debts. An
order to sell the Tyrone plantation, parish
of Carroll, is asked for.
THIRBD DISTRICT COURT.
The plea of prescription filed in the suit of
Ermanee de St. Romes vs. the Levee Steam
Cotton Press was overruled by Judge Monroe.
and a judgment entered in favor of plaintif
for $9900. Plaintiff sued for the dividends on
sixty-six shares of the stock of the Levee
Steam Cotton Press of $100 each. These divi
dends for the twenty-three years they were
unpaid amounted to the sum for which judg
ment was given as above.
The plea was overruled on the ground that
the Levee Steam Cotton Press Company held
plaintiff's dividends simply as an agent or
mandatory, and no act the company might
do could change the nature of their trust and
give any legal ownership that would allow
prescription to run in their favor.
SIXTH DISTRICT COURT.
Mrs. Margaret Moran, curatrix, vs. Zach
ary Bruonn. This case, which had been on
trial for two days, came to a close at 7:30 last
evening. The jury, after a short absence,
brought in a verdict for defendant. John S.
Whitaker and B. Egan, Esqs., for plaintiff; B.
C. Elliott for defendant.
FIRST RECORDER's COURT.
Emerson Bennett Sterling, alias L. M. Rush,
charged by Leon Gilbert with forging an or
dlor upon Merrow & Westerfleld, was sent be
fore the Superior Criminal Court.
Loon Gilbert, colored, accused of forgery,
was set at liberty.
DEPARTURES Bi RAILROAD.
The following were some of the departures
last evening by the Mobile fast line: G. H. Lea
ver. New York: Simon J. Fla ow, wife and ser
vant. Wythevill,. Va.; Philip Werlein and fam
ily. Ashvills. N. C.; J. TB. Maynard. Europe via
New York; Miss A. Overton,. Baltimore' Mrs.
T. Lee Shute and son. Big SBtrings Va.: Judge
E. C. Billings. New York ; Mrs A. A Singleton.
Charl ston; F. Jonville and wife. Europe via
New York: J. P. Bren'n ll. Atlanta: E. Micbel
and famiJy, Tate Spritgs;: i. Daverado and
wife, En rope via New Yo k; Mrs. F .C. Lodan,
Nashville; Mrs. George W Babcok. New York;
0. Hymel. wife and servant. Blount Hpringfs
John McGinty an I wife. New York; Philip K
lcr. New York; Mrs. Montardier. Europe via
New York: John Marsh. Richmond; Thomas
Pelerson, Baltimore; A. M. Newman, Macon,
Ga. ; P. Peret. hurope via New York.
The rollowi, g were some of the denartures
by the Great Jackson steel r=ii route: E. Peuch
and family. Loulsville; R Turner. Ly,,chburg.
Va.: A. R. Ballaseux. bt. L uis; Mrs. W. P.
Johnson. Bo-ton; Mrs. Wiship. Louisville;
W. H. Frendenthal. Washing'on, D. C.; Edw.
Marion Ar. L uls; A. Chandz. Eirope, via New
York; Dr. leuch, Louisville; Jos. Overbacher,
M-mphis; Oen. Tom Anders n and party
Washington. via Chicago; F. H Farrar and
wife. Chi ago; Jas. Pc', .h. Louisville; John
O'Gorman. Cbarleston. S I:.; L. C. Harris. Mon
roe; Mrs. M. L. Green C'hicago; Ni. White and
son. Louisville; J. Nickerson. Monroe; Mrs.
Schwartz. Chicago: H. L. Martin. Louisville;
C. Wooten. Memph'e; A. Simmse. olumbus,.
Ky; M. T. Thomson. Louisville.
[Washington Post i
The prayer with which the Rev. Dr. Moore
opened the Ohio Radical Convention began
with the words: "Grant, we pray Thee,"
etc. The stalwarts thought he was address
ing his invocation to "the greatest living
American," and gave him a round of ap
New York is agitating the question whether
the big bridge isn't going to be a failure. It
has already cost over $10,000,000, twice the .
rriginal estimate, and it will take $5,000,000
more to complete it, and prominent ergineers
are found who say it will not be safe. while it
is admitted to be an obstacle to navigation.
On PFirst of July proximo, Judmeats..-,
will be obtaIned on city Taxes of 16l 5
Travelers often wonder why their fellow."w*
elers are so loon in tbelr ratse of the Colona
Hotel, PFiladelphia, but aftera visitthemsel
te are ea&s1ased of he fmowusal g eew