The Times-Picayune from New Orleans, Louisiana • Page 6

'S THE DAILY PICAYUNE NEWJ ORLEANS. WEDNESDAY; DECEMBER 25. 1895. ,6 THE FBANCHISE OF III CLAIBORNE ROAD Judge Ellis Dismisses the 0 Traction r'L: Company's Injunction, Ana jtemoTes riel vusiucict to -n -w 1 fl A 1 4 Derforges Will Eemain HeTe to Await Gonrdain's Trial. nr 4 il.

OL.ll -1. Bead Sale Oilier court Comment. inH trills vosrirdav handed down his 1 I II 1 1 1 1 111 uuc w. Cjitr ana Lase rtaiiroau uuuaii.y a. tie city of Kew Orleans, refusing plaln- tlfTs prayer lor aa injunction.

iue ioi- lowlng is the contexts of the decision: New Orleans City and Itakc Kjilroad Company vs. City of New "Orleans On Plaintiff Petition for an Injunction. Seasons for Judgment: The franchise granted by the city to the Canal ard Claiborne Itaiiroad Company will expire Mar 8, 1912. The ordinance which the joined provides for the sale by competitive bidding of the extension aud renewal of said franchise from and after May 8, for tue term of fifty years, nd-alao all authorized extensions in fuvor of said company held under its franchise, tar the unexpired term thereof, 1. from the date of hale to May 6, lul2.

The ground advanced fur the injunction is that the terms fixed lor tin; sale are och as to give said Canal and Claiborne Uailroad Company a monopoly of the i. are so favorable to that CUUipauy as iu ursii vjr an wr w. out. cessful competitive bidding on the part Ot plaintlil or any one etae. This ground is advanced by plaintiff In its own interest on the assertion of it desire to bid at said sale.

It is also advanced that the sale, if made aa advertised, will sacrifice the Interests of the city because there cau ie no competition against the Canal and O. IKA. i. I it An I lia Tfknri'd lll'tt- V4n4AS44C posed, and, ergo, the ifauchiso will sell for siucji leas than It would bring if offered on terms free, fair and equal for all -bidders. Tills ground is alleged by plalatilt In its capacity aa taxpayer, and for the general interest.

No "la made by plaintiff other- wise and examination must be limited to the case aa presented. 1 agree entirely-with plaintiff's counsel that If the city ordinance herein under consideration Is "unreasonable in the technical sense of that word as applied to city ordinances or -otherwise is ui excess of the power of the city government, and Its execution ought promptly to be arrested without waiting for the consummation of a sale under it." I think this because under such a condition of law and fact no legal sale could be made, and the effect could only be. to complicate and involve matters to ths detriment of the people and all concerned. Having, therefore, no donbt of the power to deal with said ordinance in the ease aa presented by the plaintiff, I have examined it carefully. The entire difficulty in construing said ordinance has arisen from the fact that certain options for extensions or modifi cations or toutes aireauy existing in la vox of the Canal and Claiborne Gom- vatw tViA tt it a IliiuTliirMl ran.

chise, -that -a, up to May 1U12, are offered for -sale along with the offer of the extension of the franchise itself from and after the date of its expiration. The preamble of the ordinance recites lis object "To- induce improved facilities in rapid transit and street railways to the advantage and convenience of tne general public," which means that electricity as a motor, and improved cars, are to supplant mules, and the old-style cars heretofore in use. It also recites that sucU changes involve large outlays which require righta and franchises tor a term of years." In its discretion and within Its express powers nnder the charter, the city council has ordained that the sale of the extension of said franchise, although to begin to operate sixteen years in the future, and for a period of fifty years thereafter. Is necessary for the public good, because only thus can immediate changes In method of locomotion and transit, now a public necessity, be obtained over the routes -and lines in Question. In providing for the sale the council has recognized the existing rights of the Canal and Claiborne Company, quoad certain options and privileges, and has so framed the ordinance as to respect said rights, and to make it practicable, by the concurrence or consent of said company, to not only effectuate the sale of the extension of its franchise for fifty years after expiration, but to secure the desired changes at once and without waiting sixteen years to obtain them.

With the view and for said objects the ordinance after describing the things to be sold, to-wit, the franchise and the routes on which it Is to be operated, added the following provisions: "The exercise of the hereinbefore enumerated privileges and options, extensions, modifications and change of route, construction and operation thereunder, of extending on Gentilly road from the Fair grounds to People's avenue, may be made In whole or lu part at such times during the term of the existing and expended franchise as in the judgment of the Canal and Claiborne Railroad Com- pany may be requisite, while the exercjse of the other hereinbefore enumerated privileges and options, extensions, modin- cations and change of route, constructions and operations thereunder may be made In whole or In part such times within five years from the date of the signing of the contract with the city of New leans for the purchase of the extended franchise, as in the judgment of the Canal and Claiborne Railroad Company may be requisite, with all the turnouts, switches, turntables, that may be necessary, provided that if any portion or part of the roadways herein provided for are not constructed or reconstructed within the period of years hereinbefore specified, the grantee shall forfeit the right to build the same, and the franchises herein granted shall be declared to that extent forfeited." I am not prepared to say that this Is unreasonable" or beyond the power of the council, or that It displays aneht of favoritism or anything which, in the gen-. eral Interest, requires that the ordinance blbited. The foregoing clause had its origin in the fact that the Canal and Clal- borne Company has already rights in the franchises and things to be sold which council could not Ignore nor disregard. That favoritism for this company does not appear In the ordinance is made manifest by the fifteenth paragraph, y4ch expressly makes the terms, conditions and specifications applicable to any purchaser. Reading the entire ordinance and giving effect to all its provisions, which Is the only safe rule or Interpretation, I do not find that any terms or -of' the Canal and Claiborne Company which are not available In favor of or operative upon any other purchaser or bidder at th contemplated sale.

After the preamble, which recites the necessity snd reasons for the sale, and after a minute description of the street and routes, over which the expended franchise is to operate, there is a Statement of the relationship of the present franchise of the Canal and Clalhorne Company to the general subject, i. routes, streets, certain options, with proper provisions for the same In the vent of a sale for the terms of said unexpired franchise, and then follow the specifications as to the cars, motive power, poles, wires, time, speed, care of streets, crossings, directions as to the qualifications to bid and the bidding, the contract and bond, all of which I find minute details safeguarding the gen-; era interest, and. after- these, comes said fifteenth paragraph. In the following words, to-wit: ''Fifteenth The purchaser shall be gted immediately and with all dae dilll-, gence to construct, reconstruct, re-equip and operate aU the above lines of railroad In accordance with the above specifications modifications and additions, except as herein provided for. Such work of con-stroctlon snd reconstruction shall beein bhlldrchOjfdr within ninety days after the signing of the contract with the city, or the assignment thereof by the purchaser, and shall be completed within time mentioned In these specifications.

If the said company Is not the purchaser, or does not become the assignee -of the purchaser, than and in that case the purchaser shall be- compelled to begin within ninety days such work only, and to construct, operate and maintain the same, as provided in the specifications, as is comprised in the ex tended routes and new line provided fo In this ordinance; and such purchaser ih sucn event shall be bound to assume and comply with the obligations of the city of New Orleans towards the Canal and Claiborne Railroad Company upon the expiration of Its present franchise, as provided by existing ordinances. 'And In the event that the Canal and Claiborne Railroad Company becomes the purchaser or the assignee of the franchises herein provided for, then and In that case, in order to secure the immediate construction and operation of the new lines of street railway, to secure more rapid and better service to the public and to secure the extension of existing lines as herein provided for at once, the said Canal and Claiborne Railroad Company shall have the right to construct and maintain and operate at once any and all lines as herein specified, and shall not be compelled to maintain or operate any other than those herein provided; and the said company Is released and relieved from the maintenance and operation of street railway upon any other streets than such as are provided for in the extended routes or upon any other streets than such as are provided, for in the extended franchise; where existing lines of straight track are not reconstructed the purchaser of the extended franchise shall remove rails and replace that portion of street paving in first-class condition." Taking the ordinance as a whole, and giving effect to all Its provisions, I find nothing which sustains the charge of the plaintiff that fair competitive bidding cannot be obtained. It may be that at the sale the Canal and Claiborne Company may have the vantage ground. If so, this will be the natural result of Its position as owner of the franchise, which it purchased years ago, and which has yet sixteen years to run; the result of its investments and acquisitions, all legally and justly its own. The result In no way, so far as I can see, of anything in the ordinance now under review that Is suggestive of illegality, unreasonableness or favorit- For these reasons It may well be that the said company may be In a position to offer and pay more for the franchise at the sale than any other bidder.

It may be that plaintiff will not be willing tc offer as much, but this is only conjecture. Th ninintiff can bid. and so can any other person or company on equal term? so far as the ordinance Is concerned. If enough is not bid by anyone, the city is not bound to accept an Insufficient price, but has the power and right by law and by the recitals of said ordinance to protect itself from the sacrifice of said franchise by the rejection of any and all bids that may be made at the sale. I have given to this case careful and considerate attention, and my Juugment is that there is no merit in the plaintiff's complaint.

"lherefore the injunction must be denied. T. C. W. ELLIS.

Judge. New Orleans, Dec. 24, 1SU5. Yesterdav Denegre. Blair Denegre, attorneys for the plaintiff, filed a supplemental petition, setting forth the additional reasons why the injunction should issue and restrain the sale of the franchise.

Iu the case, of Jndah Hart vs. Henri Bier, Jndge Ellis ordered that all further proceedings in the case be stayed and arrested, and that Bier be given forty days to file his answer to the present demand. NEW SUITS. W. A.

Tollock, Commissioner and Receiver Bank of Sorth America, vs. tJeorge D. Fisher. Suit for amount of Stock subscribed at time of the organization of said bank. Samuel Desberger, Trustee, vs.

Mechanics and Traders' insurance Company. Suit for amount of policy, insuring a property that was destroyed by fire at Demopolis, Ala. Joseph Schemel vs. M. Rchenck et als.

in from second city court. SUCCESSIONS. The following successions were opened yesterday: Emile M. Cohn. Michael Shelly and of Mrs.

Teresa Modeubocb. widow by first marriage of Valentine Relth, and by second marriage of Joseph W. Moy6es. United States Circuit Court. INTERVENTIONS IN THE SHELL BEACH SALE.

In the United States circuit court two Interventions were filed yesterday in the case of Joseph Price vs. the New Orleans Southern Railway Co'apauy, Geo. S. Taylor, receiver. One Is by the Johson Iron Works, of this city, setting forth a claim of 437 67 for repairs, work and material that, it is claimed, was absolutely necessary for operations.

Besides this amount of Indebtedness, incurred prior to the appointment of a receiver, is a bill of C5 incurred since the receivership. On these bills complainant claims a mechanic's lien. They pray that the receiver be authorized to issue receiver's certificates in recognition of the indebtedness. The other is by the Standard Coal Company for coal furnished defendant fur necessary operations in the course of business. The amount Is $341 64.

an indebtedness represented by a promissory note. Plaintiff In iuterventlou prays that the claim be recognized by receiver's certificates which the court Is petitioned to authorise. (Frank N. Butler, solicitor. In both, cases, for Intervenors.) DAMAGE" SUITS.

Frank Clendenon brought suit yesterday morning in the United States circuit court against the Diamond Mill Company, a citizen of Minnesota, but domiciled In this state, for damages. On Jan. 22, of this year, plaintiff was an employe of that mill and while acting muler the direction of the superior over him. the vice principal, his hand was caught and cut off iu the rollers of the mill, which he alleges were inadequately protected against such accidents. (B.

R. Forman, solicitor for the plaintiff.) George Middletou, of this state, brought suit yesterday In the United States circuit court against the Southern Pacific Railroad for $15,000 damages Incurred by the alleged carlessness of the defendant company at Jeanerette. On the 15th of this month, plaintiff was standing at the depot at that place talking with frieuds about to depart on the passenger train, which was on the point of pulling out, when a freight train was backed into the depot, over the crossing, striking plaintiff, knocking him down, cutting off one of his legs and inflicting other very painful and serious Injuries. (B. R.

Forman, solicitor for the plaintiff.) United States District Court. A CARGO OF MAHOGANY. In the United States district court yesterday a libel suit was filed by the Texas Flour Mill, located in Galveston, against the Otis Manufacturing Company, of this city, and twenty-three logs of mahogany wood now laden on the Norwegian steamship By Her. Libelant is in possession of that steamship by virtue of a charter had with the owners and the boat was to take a cargo of mahogany and cypress logs for the defendant company at Brewer's lagoon, Spanish Honduras, to New Orleans. Said logs were to be transported on account of the Otis company at $6 per ton and defendant was to pay the vessel's demurrage.

The libelant, therefore, claims the amount of the demurrage and the tonnage of the consignment set forth In detail In the libel and In the default thereof a lien upon the logs transported. Criminal District Court. (Section A Judge J. H. Ferguson.) DESFORGES TO REMAIN HERE.

Judge Ferguson yesterday gave to the press a letter he had received from Attorney General M. J. Cunningham, who gave as his opinion that Councilman Desforges must remain In the parish prison here to testify in the Gourdaln case, because, if sent to the penitentiary, he might not be allowed to leave It. The opinion, and with precedent quoted, is as follows: NEW ORLEANS. Dec.

14, 1895. Jndge J. H. Ferguson. City: Dear Judge Regarding the power of courts to secure the attendance of a witness while a convict serving his sentence in the penitentiary, about which you spoke to me, I have to say.

several times after 1 came into office this term courts have sought to procure the attendance of witnesses who were convicts and failed. The lessee always took the position that he bad no right to let them go out of the penitentiary, but would do so if the governor or attorney general said so. My opinion was that when a man was sentenced to serve a fixed time by the court in the penitentiary, there was no law which authorised his being taken out to serve as a witness or for any other purpose, and that for the time being be was beyond the control of the courts. I had declined two or three times to give my authorization tst the lessee to permit a convict, to leave the. penitentiary to serve as a witness, because I would thereby be assuming a responsibility which the law did not place upon me.

In July, 1894, a deputy sheriff was sent down from Bossier I think, with a summons for a witness In the fienltentiary, and there was considerable alk of a Judicial proceedings to compel the lessee to surrender him to the sheriff for the time being. The deputy Bheriff had applied to the warden of the penitentiary at Baton Rouge, then wired to the lessee of the penitentiary in New Orleans, and then saw the governor and myself on the subject. At last I was applied to at Baton Rouge during the session of ttie legislature, and I think the governor was. As the man would not be turned over to the deputy Bheriff without my sanction, and as I declined to It, there was some talk of employ-ng counsel to sue out a writ. As a basis of this proceedings and as an explanation of his failure to bring the witness, the deputy sheriff made a return upon the subpoena which I dictated.

I herewith enclose a copy of the return as a portion of my 'opinion. About the same time another witness was wanted, and I Informed parties that I would not give my authorization to the lessee to send a convict out as a witness, and if they wanted him they could only get him on a Judgment of the supreme court declaring that convicts are still subject to orders of court for ordinary purposes while serving their sentences. For the purposes of some particular case I might be willing to assume all necessary responsibilities and to have a convict brought out of the penitentiary as a witness. If the lessee would still say that be would follow my directions: but, having given my official opinion repeatedly to the effect that this, could not be done without the legislature authorizing it; this being a question continually arising In various parts of the state, remote as well as near; being very positively of the opinion that there is no law authorizing It; that It would be a violation of the law that condemns a convict to Imprisonment for a fixed term, and placing npon the lessee and others a responsibility not contemplated by the law, as well as Inaugurating a dangerous and vicious custom affecting every case and the entire system of prison I can but Rtand by my real opinion so frequently given. Therefore, as much as I dislike to retard the execution of a sentence of the court, it Is my opinion that it will be absolutely necessary to keep Desforges here until Gourdaln Is tried.

A lltle delay in the execution of Desforges' sentence will be a very small evil, compared to the scandal of letting Gourdaln go unpunished. Yours truly, M. J. CUNNINGHAM. Attorney Generaf.

ADDENDUM. BATON ROUGE. July 7. 1S05. Received the annexed order July 1SD1.

and presented same to Captain E. W. Willis, warden of the state penitentiary, and as such In charge of Ernest Nash, who replied, "that be had no authority to surrender a convict, or carry him beyond the limits of the penitentiary, and could not do so without the authorization of the lessee." I thereupon telegraphed to Major S. L. James, lessee of the state penitentiary, and in replv received the annexed telegram from II.

D. Hart, his renresentatlve. I then applied to the governor and Attorney general to approve the annexed order, who declined to do so on the grounds: "That they are not in charge of the state convicts nor responsible for their safe-keeping: that they have no legal authority or power to comply with such an order, or of their own volition to send convict from the penitentiary to a distant part of the state to testify as a wltnens or for any other purpose: that by approving such orders they assume responsibilities the law does not devolve upon them; that to approve this order is to certify to the lessee of the penitentiary that the clerk of the court bad the legal right to command him to proiluce a convict when ordered as a witness in any court of this State, which they could not do. lwcause they do not think that either the clerk the Judge has nnv such iower: that convicts In the penitentiary are beyond the control of the courts while serving their sentences; that they are Informed that until very recently.no court ever ordered or requested the production of a convict to serve as a witness: that the Inauguration of this custom win disorganize the discipline of the ncnitentlflry, furnish frequent opportunities for the escape of dangerous convicts, and shift the responsibility for their safe keeping: that they cannot by their approval assist in the organization of such a custom, unless they are furnished with authority counsel interested to satisfy them' that the court, ell her by special order of the jndge or by subpoena or order of the clerk, has the legal authority and power to command the attendance of convicts as witnesses' before their courts, while still serving their terms In the peniten-tlnry." As the warden of the penitentiary will not deliver the convict Nash to me without the approval of the governor and the attorney general, and as they decline to give their approvals, I return the order unexecuted. WATKINS VICTORY.

For reasons given by the supreme court Inst week In case of like Import. Judge Ferguson yesterday sustained both the motion to quash and the demurrer filed In the case of state vs. Dr. W. H.

Wat-kins, as president of the Southern Chemical and Fertilizer Company (the garbage company, charged with violation of act 14 of 177 nn act 4 of 1RS2. Dr. Watkins was indicted by the grand jury, of which Mr. W. H.

Renand was foreman. The Indictment resulted from a charge by Judge Ferguson that the garbage company was violating the state laws by cremating the garbage. To this Indictment the defendant opposed a motion to quash and a demurrer, claiming that there was a contract with the city for the purpose of manufacturing chemicals out of garbage. In sustaining the motion to qnash and the demurrer. Judge Ferguson said that It would be useless to place Dr.

Watklns on trial when an appeal to the supreme court would nullify the proceedings In the lower court. THE COMMISSION DH LUNATICO. Judge Ferguson yesterday appointed Drs. H. A.

Veazie. nenry McEnery and Edward McChee as the commission to inquire into the sanity of Jos. Buckley, held for the murder of Emlle Lacoste. INDEFINITELY CONTINUED. Emlle Chenet.

assault and battery; Jesse Hill, wounding; Isaiah Thompson, assault and battery. CONVICTED. Henry Anderson, wounding. first Recorder's Court. (Recorder E.

S. Whitaker presiding.) James R. Carroll, F. Lynch and Matt Thompson, suspicious characters, were fined $25 or 30 days each. Henry Slater, for vagrancy, was fined $10 or 30 days.

P. Aj Hearns, for assaulting and wounding Mr. Charles Porter, was sent before the criminal court under 1500 bonds. He was sent before the criminal court and remanded to the parish prison without the benefit of ball on a charge of ly'ng In wait and shooting and wounding. REAL ESTATE.

Transfers Recorded Yesterday. Sheriff to Mrs. J. W. Atkins, two lots, bounded by Coliseum, St.

Mary, Chestnut and Felicity, $0023. S. S. Khusa and wife to Mrs. J.

lppel. lot, bounded by Chestnut. Lyon, Gamp and Bordeaux, $2223. New Orleans Canal and Banking Company to J. Morris, five lots, bounded by Coliseum, Crania, Prytanla and Polymnia, $18,000.

Mutual Ioan and Building Association to A. Wiebelt, lot, bounded by Liberty. Vsl-iront. Franklin and $1100. Third, District Building Association to Miss L.

Virges, fcur lots, bounded by St. Claude, Marais, Port and St. Ferdinand, $1508. A. Mallard et to P.

Mallard, ens lot, bounded by Royal. Bienville, Boorboa and Contl. $9000. New Orleans Csnal snd Banking Company to the Oanal Bank, on lot, bounded by Camp, Gravier, St. Charles and Common, $80,000.

Mrs. 3. Xu Elsworth to F. Benscs, on lot, bounded by Washington, Sixth, Tehoupltonias and IJvandals, $SM- J. Dufau and wife to W.

A. Collins, two lots, bounded by Teche, Brooklyn, DeAnuas and Lamargoe. Mrs. P. 3.

Tlmken to W. A. Collins, two lots, bounded by Third, A dims and Kurtae. $JMX. II.

Zeiler to P. DeHerete, fire lots, bonnde-1 by Water, Front. Bordeaux and Lyon, 915--0. W. J.

Bens to L. Levy, ooa lot, bounded by St. Denis, Washlnrtoa. Sixth snd Dryadcs, $850. Mrs.r B.

RIvs to J. Schrenck. Jr. et el, one lot. boarded by Broad, BleuviUe, Contl and White.

$1000. Yisses nd O. Khephri Wa lngton, oo lot, bounded hj Hormony, Seventh, Freret and Howsrd. 2SK K. to J.

Er-narr- one lt, brrm-i BEHIND the SCENES. If OYements of Actors in ths threat Drama of the World. Personal and Social Events Occurring Abroad. tnstructiYe and Entertaining Panorama of Royal and Imperial Life. Reported Dailj for tho Netr Orleans Picayune bj the Marquise de Fontenoj, Much comment has been created in the court circles of Europe by the absence of Queen Henrlette, of Belgium, from all the festivities which have been taking place at Brussels in honor of the betrothal of her favorite niece.

Princess Henrlette, of Flanders, to the young duke of Vendome, oldest son of the duke and duchess of Alencon, and who may yet become one day king of Belgium, for King Leopold's only brother, the stone-deaf count of Flanders, has but one single son left since the tragic death of Prince Baldwin some years ago. lala only son and the sole heir to the throne In the male line la a very uelicate and frail youth of the name of Albert, who is Still in "his teens. Should he die before King Leopold It will be the duty of the latter, according to the terms of th. Belgian constitution, to designate an heir to the crown from among the royal families of Europe, an heir who will meet with the approval of the Belgian parliament. Under the present circumstances his choice would naturally fall upon the duke of Vendome, as the husband of his eldest niece, a niece who is more popular in Belgium thau any other princess of her family.

Queen Henrietta's absence from the court festivities and her failure to accompany her (laughter, Clementine, on her visit to Queen Victoria at Windsor and to the prince and princess of Wales at Sandriuguam the other day Is due to the fact that she is once more undergoing one of those attacks of semi-insanity and eccentricity to which bo many royal ladies seem to be subjected. Always odd and possessed of the most ungovernable temper, tshe was completely out of her mind for several months previous to the marriage of her daughter Stephanie to Crown Prince Rudolph, of Austria, and was under restraiut for a time at the royal palace of Laekeu. Everything that could possibly be done to divert her mind was tried, and It was from that time that dates her exteuslve knowledge of the difficult ait of conjuring. It was thtu, too, that she developed her extravagant taste for equestrianism of the circus order. Indeed, there is at tne present moment uu royal lady of Europe so wonderfully clever in sleight-of-hand and iu the training of trick horses as the snow-white haired Queen Henrlette, of Belgium.

During the present year, however, she has met with no cud of trouble, which has euded by graveiy affecting both her bodily aud mental health. Towards the end of last winter her and especially her right hand, were very badly bitten ly a favorite horse of hers which had never before shown the slightest trace of viclousiieHS. Then shortly after her ariivM mi Spa to spend the summer she sustained a severe fall from her horse, breaking her leg and giving her, of course, a fearful shaking. She had scarcely been able to get about again mid had but slightly recovered the use of her injured limb when the pony which she is so f.iml of driving four-ln-hand, tipped over aud pitched her out, her Jaw bring nbomiuanly distovatc. by the fall.

Somehow or other, the doctors seem to have wade a mistake in the treatment to which they subjected her, for she continues to suffer excruciating palu aud to experience great difficulty iu speaking. Then, too, she has been much worried and angered during the past summer by the publicity of King Leopold's flirtations, to call his shortcomings by the mildest name possible. Until last spring he observed a certain amount of regard for public opinion and maintained a considerable amount of secrecy concerning his escapades. But this snmniiT, since his stay In Paris, his Intimacies with the ballet Mile, de erode, end with the deml-mondalne, Emllienne d' Alencon, have been of such a scandalously brazen character that the continental press devoted columns to the matter, in fact, the king even brought these two women under his roof at his chalet of Ostende, where they completely relegated to a back seat the lady until then honored with the "discreet attentions of the sovereign and whom the Belgians had nicknamed the "queen of the Congo." Finally, there have been all sorts of disagreeable monetary- questions that have arisen between the imperial family of Austria and King Leopold ou the subject of the disappearance of the fortune of the Archduchess Charlotte, widow of the ill-fated Emperor Maximilian, of Mexico A certain portion of this wealth belongs to the Ilapsburg family, ant' King Leopold is accountable for It a. one of the trustees and likewise as guardian of his demented sister.

Hitherto all efforts on the part of the court of Vienna to get him to straighten out these matters have failed, and as Queen Henrlette Is, above everything else, an Austrian archduchess, she feels very bitterly about the painful position in which her husband has Involved himself by squandering the trust money in his Congo venture. Old Lord Henley's eon Anthony, who will eventually succeed to his father's peerage and seat In the house of lords, will scarcely prove a very satisfactory specimen of an hereditary legislator, nor will his wife fulfill the popular Idea as to what a peeress should be. for the Hon. Mrs. Henley has Just been subjected to the Indignity of arrest and Imprisonment for disorderly conduct, while her valorous, but henpecked, husband has placed himself npon record as Invoking against her the protection not only of the police, but also of other people, Including his doctor.

It) la Just in connection with this doctor that the Hon. Mrs. Henley has come to legal grief. It seems that after having been her medical attendant and that of her husband for some time he- became so alarmed by the violence of her conduct and the eccentricity of her manners that he declined to visit their house any more. On receiving information to this effect Mrs.

Henley at once commenced bombarding the unfortunate doctor with postal cards and letters, called every day at his house, and on being denied admittance, proceeded to heave bricks at his windows, smashing a number of them. This happened not once, but several tiroes, and matters came to a crisis when having obtained admittance to his house In the disguise of a hospital nnrse, she fired off- a couple of revolver shots at him, fortunately without wounding him. This led to her arrest. When brought before a magistrate she made matters exceedingly painful for her husband by uttering a loud "Yon liel" when the doctor. In response to an inquiry of tho cross-examining counsel, declared that there bad ever been anything else than social and professional relations between himself and her.

After a deal of influence had been brought to bear npon the doctor by her titled relatives he was finally Induced to' withdraw from the prosecution, and accordingly the Hon. Mrs. Henley has been liberated on the payment of a heavy stun in the shape of bonds to keep the peace for the space of twelye months. MARQUISE DE FOKTENOT. "COMB HVCE1 WITH At'-tbe Hotel GriMwald Tills Hppy Clxrlstmma We will set a feast fit for any epicure.

Did yoa read the bill of fare published yesterday? The price Is almost nominal-only one dollar. Every Child Wants -rrc" Tire 'Mi-Tflr, 2S. THE) CCSTOM-HOISE. The Sword That Hagliey Wore. To-day the- custom-house will take a holiday.

i The post office, that portion of the granite building In which the vast mass of citizens are most interested, keep open at the general delivery department during half the day. The registry, the post office money order and the stamp departments will be closed. There will be two deliveries In the business sections of the city and one in the residential portions. In the department over which the collector presides, tho port, there will be as much of a holiday as the necessary functions of the department will permiu The Judicial departments will observe the holiday, of course, it being a legal one. Christmas eve was characterized by-one of the greatest jokes of the season in the building.

The customs service numbers among its employes several bright young men who figure more or less prominently in the recently organized naval reserve, Two sections were organized iu the build- lug. One was presided over by Ike Suy- i der, the brother of the recently nouil- nated candidate for lieutenant governor. Ike Snyder recently resigned that Ini- portant post because he did not have the time to look after the work, and r-contnl a nosition in the ranks. An- I other Is commanded by Ensign Harris, of the auditor's department, tiesiues tnese distinctions which are in the enjoyment of custom-house employes, there are a number of the service in the ranks, and Inspector R. L.

Uughey was recently Eromoted by Commander Watters, of the attalion, to an ofiice which permits hiin to wear a sword. Tnis popular official was yesterday called up by his associates, and among a crowd of them, Mr. Harry W. Robin-sou, who is also an eloquent young lawyer, addressed him in the following happy style: "Mr. Uughey It becomes my pleasant duty on the present occasion to be the mouthpiece of several friends who liave a few things to say to you.

As representatives of the growing generation of young America, of that stratum of its citizenship which in the natural course of events will In the current twenty years be called upon, more or less, to be active as citizens in shaping the destiny of the nation, and In perpetuating all that is good that has been handed down by our we wish, sir, as a token of the high appreciation iu which we hold you personally, aud the high estimation we have of the coast defense. Including that valiant body, the Louisiana state naval reserve, to express In some small measure our appreciation. 'Just at the present moment, when it devolves npon our country, loiue what may to defend a vital principle, looking to the protection of the theory and system of free governmnts on the American continent, a heritage originally bought with precjous blood and divine heroism and matchless loftiness of purpose. Just at this time, I say, the military people of the country, or. to put it more In harmony with the idea of our force militant, the citizenship soldiery is brought conspicuously to the public notice.

We all recognize that the time Is at hand when, unless England recognizes our right to the United States' demand, whether or not it has ever been recognized before, we shall have to back up our ultimatum by the arbitrament of the sword. "It becomes my high pleasure. In be-hair of myself und others of your eol-leagues. to present to you this sword." Mr. Kobinson had been holding a parcel some 3 1-2 feet long in his hands during this speech, and the entire gathering, including Mr.

Uughey. had been giving hi in their close attention. At this poiut the parcel was unwrapped, and a toy sword about a foot and a half in length was taken from the parcel. Mr. Uughey did not respond to the address.

When the custom-house fellows undertake to play a Joke on one of the fellows they never do It by halves, and throughout the day yesterday people were asking Mr. Uughey "to let them see the sword with which "he had been presented. And now Mr. Uughey and the last fellows on whom Jokes equally as grotesque have been perpetrated go about with designs formulating, and when these are rlp: they will be about of the proportions of that spruug yesterday on Mr. Uughey.

Thousands of people have found in Howl's Sarsaparilla a positive cure for rheumatism. This medicine by its purifying action neutralizes the acidity of the blood and builds up the sysieul. VITAL STATISTICS. Rcrorded at the office of the hoard of health yesterdny BIKTHS. Mrs.

James T. Oiishnlm. a boy. Mrs. Ir.

Slduey 'I beard, a boy. Mrs. Howard Michel, a lxy. Mrs. LioiiU Artisruez, a ty.

Mrs. Julius roriee. a girl. Mrs. Kdwurd B.

Curtis, a txy. Mrs. Eruit A. a ly. Mrs.

Alfred Serentlne, a girl. MARKIAGES. Hermann Hmipt and MIs Octnre Guitard. Frank IHinis and Mis Kltse Ksuuner. Will.

Johnson and Miss Kmily Johnson. Simon Joseph and Miss Kstelle Peter. Win. Bediner and Mrs. Widow F.

Leiden-bauer. Alvln Elchhorn anl Miss Mary Kertz. Kben. Vlenoe snd Mi iUIa Handy. Wm.

Howard and Miss LdKle Hell. Jack Miller and Miss Marie Capdoville. Wm. Grandplerre and Miss Bella Wallace. Frank Banks and Miss Lizie Lairds.

John Keith and Miss Elizabeth Schwartz. I.uclen Citmhlanne and Miss IjodIsp Lteber. Oharles Sanienne and Miiw A. KVrascl. Walter Bums and Miss Alice Wilson.

DEATHS. Mrs. Susie Packwood. 29 years, 1C24 Louisiana avenue. Mrs.

Louise Westfeldt, 29 years, 1133 Pleasant. Robert Culllgan, 2J years, Edmond and Green. Olivia Levy, 77 years, 1722 North Robertson. Widow F. CorreJolles, SO years, 922 Ur-snlines.

Francis Cidlen, 70 years. 2212 Tnlane. Mary Denny, 1 month, Magrazine and Milan. Walter Bausch, IS mouths, 724 Louisiana avenue. Ladies know the value of Pond's Extract, and appreciate its true merit.

Avoid crude Imitations. MR. BIER. ILL AGAIX, And Will Probably- Be Moved from Prison To-Day. Mr.

Bier has relapsed. He Is a very sick man, suffering from bronchial troubles, his old ailment, an attack of which he took on yesterday morning, as a Result of the nervous tension to which he was subjected by having been transferred from his home to the parish prison, without much preparation. Last evening his attorneys tried to obtain from Judge Moise an order to return Mr. Bier to liis house, but up to a late hour they had not succeeded in finding the Judge. At any rote, even if they get the order it will be Impossible to effect the removal of the sick man before to-day, as in his condition it would be hazardous to make the trip at night.

A physician's certificate accompanies the petition for removal. A THOUGHT THAT KILLED A MAN I He thought that be could trifle with was run down in health, felt tired and worn oat, complained of dixsiness, biliousness, backaches and headaches. His liver and kidneys wer oat et order. He thought to get well by dosing himself with cheap pills and patent medicines. And then cams' the end.

The money be ought to have invested la safe, reliable treatment went for a tombstone. 11 A. DANGEROUS XDBA. to Imagine that pills and patent medicines ean strike at tbe root of these diseases. It has bee thoroughly proved that such remedies are worse thaa useless.

Way not call upon specialists who have made these diseases a life-long study Probably the best in this country srs Dr. HATHA WAX Their reputation is worldwide. bcha. i ii.ig.a. Syphilis, Blood Poisoning, Kervons Debility.

Kidney and Urinary Difficulties, Stricture, 1m potency. Unnatural. Discharges, Piles, Rheumatism, Skin and Blood Diseases of all r. i t. Diseases of Wom- en.

Address or call tlR. TTATlf AW AT Jk Masonic Temple Building. Ksw Orleans, Old No. 85 St. Charles Street.

Mail treatment given -by sending for symptom blank. No. 1 for dmb. No. for 7womea, No.

for skin diseases, Ito. 4 lor c.varra.- Hours 0 to 12, 2 to 6, 6, and to 9. Sundays, ONE -HALF 612B COX, POZZONI'S COMPLEXION POWDER! i has been the standard for forty years and is more popular to-day man ever Deiore. pozzosrs is the ideal complexion powder beautif ylnir, I retresmng, clean ry, neaiuuui ana narmiess. I jl aeucate, invisible protection to uae ince.

With every box of lOZZO rs a maa i nincent bmobxi's uvur rttr BOX Is given free of cliai-fe. 1 AT DRUGGISTS aid FANCY STORES. STIMULATING and REFRESHING After Exercise Liebig Company's Extract of Beef The genuine has signature of Baron Liebig, in blue, on every Jar, thus Weather and Politics About evenly divide the honors for their changeable and uncertain nature; but in tbelr fidelity to the Interest of tho human race, those world-famous specialists. DRS. BETTS BETTS, remain without variableness or the shadow of In the treatment and cure of KERTOUS, CHRONIC AND PRI FATE DISEASES, SYPHILIS, STRICTURE, VARICOCELE, SEMINAL WEAKNESS, EFFECTS OF EARLY VICE, And all maladies of a Sexual or Delicate nature, they bare no equals in America, and they guarantee perfect and permanent cures.

4 cents for perfect question list and all Information relative to your case. Our new system of mail treatment enables us to treat patients at a distance as satisfactorily and successfully as by personal interview snd examination. Consultation free. Call upon or address, with stamp, Drs. Belts Betts, 3S (New No.

214 St. Charles Street, NEW ORLEANS. LA. mbl4 "its ly People in New Orleans. The nneqnaled demand for Paine' Celery Compound among tbe fieople of this city la but one Index of tbe great good It Is doing.

Tbere are many in New Orleans whom It has cured of serious illness. Paine's Celery Compound makes people well Mr ho suffer from weak nerves or impure FOR WEAR aVUNGS Use WINCHESTER'S Ptf PHOSPHITES LIME and SODA Bronchitis. Nervens Prestration. Iys- pepsiB, Lessof Visor and AppetUe, and diseases arislnr from poverty of tbe blood. It is un equaled as a TilaX- iziiiir 'J'ouic, Brnin.

Nerve mad Hleod Food. Ail UruKgists. WIXl'UKSTEUd: CO N. fir FtcUh Diamond Bruu, A lifci.y IltCJ Ul- rla-t-w Original mnd Only Cremitna. A Urssrln for CMcloWi IHu-i maud Hrnnd in Hed and Ooid metal-' boxes.

Mated with bin. ribbm. TakBother. Jtrfusm damtmnmm tubttiiutwnM tmd imitntinn. At Drvrelsta, aen4 4o- In atampii tnr particulars, testimonials aad Keller tor Ladlea." to Utter, by retoni Stall.

10,000 Testimonial Aaai titer. Chichester Chemlenl Co. Madlnem SaiiM. JVM by aU lcxl Drugguu. PfclIaUu.Pa Bold by la.

N. BBDKSWIO. WasUsala Ditggist. Mew Orleans. apK 'BS buWuSlljiso vW AUCTION SALES.

BY THE CIVIL SHERIFF. JUDICIAL AX) VEE.TI SEME NT. Sale of Contents and Fixtures of a Well-Stocked Grocery and Barroom, Including. One Mule. One Wagon, One Barouche, Etc.

MOTSE BROS. VS. JOSEPH LAPORTE. CIVIL DISTRICT COURT for the Parish ot Orleans No. 47.950.

By virtue of an order of sale, -dated lec. 23, to me directed by the honorable the Civil District Court for the Parish of Orleans, In the above entitled cause, 1 will proceed to sell at public auction, ou the premises hereinafter designated, on FRIDAY, Dec. 27, at 10:30 o'clock a. the following described proj. erty.

to-wit: AT THE PREMISES, NORTHWEST CORNER OP CARON'DELET WALK AND MARAIS STREET, a large issortment of faficy and staple groceries, also whiskies, wines lienors, etc, fixtures, etc Also one male, one wagon, one barouche, etc. AND IMMEDIATELY THEREAFTER. AT THE PREMISES, NORTHEAST CORNER OP CARON'DELET WALK. AND MARAIS STREET, tbe entire contents, stock and lix-tores. etc, of the barroom contained la said pren ises Seized In the above suit.

Terms1 Cash on the spot. VICTOR MACBERRET. Civil Sheriff of the Parish of Orleans. 12 11 Af fTvA BY ALBEItT 11RIGXOXI. LAST GRAND SALE AT NO.

10 CARONDELET STRtH' BETWEEN CANAL AND COMMON STS. Friday, December 27, at 11 O'clock A. BRAND NEW CONSISTING OS" CLASS-DOOR, BOLSTERED ARMOia EEDEOOM SUITS. mf WALSCT IN SILK BKOCATEU HAIE CLOTH. -iplrSPID A Yroa A avvrvxr j-i 4 nemo utddadQ SPIRIT.

KPBIV'RS I'lVr MATT RES ER-SEAT ROCKEKS, VASrS. JAPANESE SCREENS. ETC MANX OTBEil NICE ARTICLES OF FCRNITCRB AND OBSiHt-" A FINE UPRIGHT PIANO, Splendidly Toned, i 1 a KOLL-TOP DESB1S. In Oak aad Walnut. a.

BY. ALBERT BRIGNONI. AucUoueer FfiTOAY. 10 Caroodelet street. AUCTI05 SiX COZY COTTAC't, No.

2025 St Claui3 cir BETWEEN FRENCHMEN A CXY" SUCCESSION OB TIOTOEOa Cli- WIDOW STHTO BrWT Clvtt District Court fur: pc leans-Kov 4L83fc Spr. mLLSS I nioa 1 atreet-THUBSDAT at 12 o'clock wm 1 I tlon, at the oid by HuiL NEW Aurcia-c uy virtu. r- talis. Judge of the Civil the Pariah of Orleans, datefick, ST deTbedTti ifc streets, in anoare 3m rrt1 fea, aS. 8 Inches front on ST or a rm 1' ft depth of 64 feet eeaptST I The improvements cooditof eottase.

slats roof, three- shed, cistern, closets, etc Terms Cash oo adjudication, Act of sale before Atrtolne DorianM -at tb expense of thVpunduiS011, dg 11 18 25 Jal 8 9 yutqTw BT HECKEB ft SWTH. JUDICIAL AXVEBXmxzs A CHOICE IMYESTriirn, New Double Cotta: Corner Lapeyronse and Klro THIRD DISTEICt. -4 -A-T ATJOTlOl: Thursday, Dec. 26.lEC3. IN THE MATTER OF THE SCCCESSI03 MISS ELIZABETH CRONfc No.

45,127 Civil District Court or the tv-ot Orleans Division jj. BT HECKEB A SMITH-J. ptni Auctioneer Office 334. Caroadelet stiSwV' THURSDAY, Dec 28, 1K, at 12 o'cloS! at the Auctioneers Exchange, 28 and 1 Comnlon street, by virtue of us ance to two separate orders, one wnie4 signe4 Oct. 10, 18S6, by the Hon.

Tc. Ellis. Division acting- for tha Hoe. r' H. Tbeard, then absent on lean ta4 other rendered and signed Nov.

22, laai b. tho Hon. Geo. H. Theard, Judge of tLioirii District Cocrt for tha Parish of Orleua.

slou in the above entitled nutter, will sold at public auction, the foUoviiig 4eacrikd property, to-wit: A CERTAIN LOT OP GROUND, Is mnxn bounded by Miro, Gal vex, LaprrroaaT as! Laharpe streets, bring lot No. la, ot mi sxipare, and iteasures 31 feet Indus tad 1 line front on Miro street by feet 1 loci and 2 lines la depth and front oa Upeymo! street. Said lot forms tha comer of Uin an. Lapeyrouse streets. The improvements consist of a cempartttrelr new doable cottage, with 4 rooms eo side, yielding steady rental of annum.

Terms One-third or mors cash; balsam any. in notes at one and two years credit specially secured by vendor's Ilea, sod te tetr interest at the rata of 8 per cent or iuE from date of sale until raid; all taxes paid; purchaser to make 1A per ess sepsis at time of sale. Act ot sale before Fergus Kernta, Zaj. notary public, at purchaser's STpeaai. P24 dl 8 15 22 td 1 by nonixsojr Magnificent Building on thb Grand Boulevard, 1 Fashionable St Charles CORNER STATB STREET.

Grouped Among ths Lovely Hocks MESSRS. J. W. CASTLES, P. F.

FESCCB, SAMUEL L. GILMORE, E. T. IttBBICK, BERNARD LEMANN, 1. H.

CS. DEUWOOD and MMES. CUNKTSGHAa. DUG AN and Others, Unusually. High Ground, 201x300.

To Be Sold la Subdivisions, as Per Flat, Thursday, Jan. 2, 1821 BT ROBINSON nNDEBWO0rCa Robinson. AucUoneer-Offlcs Street on THURSDAY. Jan. o'clock at the Auctioneers' Nos.

629 and 631 Common street, will "THE TWO SUPERB BDnjOTO MOS corner St. Charles arenas and StaU suwi, measuring, lot No, 1 101 feet 111 tochej as lines front on St. psrlst on tbe State street line of 880 the side lino next lot No. 2 244 and 3 lines, by a width op IK5 feet 1 inch and 2 lines; lot No 103 feet and 1 line front on St. Ctls cue by a depth of 244 feet Inches lines on tho side line of lot J.

BJ side line towards Henry Uy 8 Inches, by a width on the 18 feet 7 inches snd 7 lloej. and mt separating line of ilth I and 2 lines, running to State re-2ZJ frontage on State street, between tnesi m-s, of 20 feet, K.i. ni. Terms-One-thtrd pTaSo any, 1 and 2 years, at per cent -Interest; 10 per cent exacted at mooes adjudication. i Ml Act of sale, at the expense of ttM chaser, before W.

Morgan public. BY D. E. MORFHY AITCTIOS S3 COMMISSION CO. GROCERIES! GROCERIES BY D.

E. MORFHY AUOTIOM JLSO fj MISSION COMPANY. tloneer-Wiil be sold oa 1 27, .1893, at 11 o'clock ifa. I waoin It may concern, Barfia! corner of Lafayette "Zl'JA tifct streets. Third district, goods said store, consisting of canned gods, coffee, tea, syrup, rice, etc.

bk-damaged by fire and water. Tprnis SjglctlycaaP. RECEIVERS' SALE. ATESIRCUIT COCBT for '-7 HPntfr.k5atJ to suit P'er, and fixture, betongtt chandiae. Machinery Soppiy i the Loia ,5 liiu by the Inventory oi Tln the W- nA lrf leal, -contained.

A gM lea enn be ta to" en file. imWABD WKH TERMS CASH. Machinery 6 receiver Louis, fTrU dl-. Compepv. Limited.

saiu found oo 0 sr. 7 said lease can Jo na lnTit to FURNITURE. RACK, nvn VirTNtiliS. nAl SRS? RICH A-Vt I 1 A niir i a ciisTA BAR0NNEi lii? SK0r..