The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-03-15
The Batture Case.

Second Municipality are thrown into violent and
extatic fever at the prospect of replenshed reast-
r;es rednced taxation. increased and magnificent
improvements-all arising from the sale of the
nature situated in front of what was once Gravers
plantation This is about the time when a return
of the paroxysm might have been expected, and
accordingly it has come. The recent decision OF
the Supreme Court, in the suit of Delabigarre u.s.
Municipality No. 2, has given to the fever of this
wear more marked and decided type than 1t has
usually assumed when fed only by the languld fire
of financial reports. Mrs. Deabgarre brought SUIT
against the Second Municipality for the undivided
fourth of the nature and the judg nen of the court
below granting her claim, has been reversed, and
the suit of the lady has been dismissed. She is
nonsuited No sooner has this taken place. than
we begin to construct castles in the air-elicltafe
ourselves on our good luck-and forthwith specu-
late upon the wonders which we shall perform
with the three millions of dollars at which the
value of the batture is estimated. In this jump
ing at conclusions we are apt to jump too far Mrs
Delabigarre has been nonsuited-but that does not
decide her rights she may again, either in the
same or another court. Mrs. Delabigarre's claim
to the fourth of the battre has been dismissed, but
it does not follow that the batture belongs either to
out in squares and lots and sold and occupied In
deed the very contrary is decided. Inc Whoe
case turned upon the validity OF contract entered
into between Edward Livingston and the repre-
sentative of Deabigarre on the one part, and The
Mayof and Common Council of the City OF New
Orleans on the other part, which contract rs dated
on the Goth of September, 1920 This contract
was made to quiet the almost endless litigation
which arose on the claims to the batture between The
| persons holding under Jean and Bertrand GraVler
and the city of New Orleans-the former claiming
the ownership of this batture as riparian propre-
tors. and the latter insisting that the prop ery was
nstlsceptible of private ownership, but was neces
sarily vested in the city for public use. Livingston
| and Delabigarre had been the largest owners and
| most implicated in these suits, and to rid them
selves of any further difficulties they made trans
| action with the city by which they secured from
disturbance the portion which they had already
annropriated. and prevented any Intervention Of
private prop fty between theirs and the river. The
terms of the agreement were, that they should re-
tain the undsturbed possession OF ceraln portlois
of the batture in consideration of which they ceded
to the city their rights to the remainder but this
cession was made on the express condition, that
there should be no buildings erected on the properly
so ceded but that ii should remain forever free 10 the
fpublic enjoyment of the cattsens OF NeW CftednS'
| etc. This contract the Second Municipality plead
ed in defence to the action of Mrs. Delablgarre,
| and this contract the court considered valid, and
enforced against her, and in consequence OF this
| contract dismissed her suit
1t will be seen from this plain statement OF facts,
that so far from this decision giving the ownership
| of the battllre to the Second Municipality, and
enabling it to sell it in lots private property, that
the decision was based upon contract which for
| bids forever any such use being made of it! So
soon as the Municipality appropriates the batture to
private purposes and the free of it is taken from
the public, it will have violated the contract which
secured for it the present result, and the same will
no longer be binding upon the other parties. When
ever house is built upon the batture, whether tor
store or private residence, the two lady proprie-
tors, Mrs, Livingston and Mrs Delabigarre, will be
calling upon the occupant for the rents.
| Had not Mrs. Delabigarre, or her counsel, been
quite so hasty in bringing the suit, 1t would have
| had very different termination. There is no
doubt that the Council of the Second Municipality,
in its hot haste to grow rich, would soon have sold
the lots on the batture, and that those who had
been foolish enough to buy, would have commenced
improving their purchases~in that case, the essen
tal conditions of the compromise would have been
violated, and its obligations would have been no
longer binding upon her. Mrs. Livingston pursued
| wiser course, and preserved a most determined
silence until the ".pear was ripe" and fit to be
plucked, and only interviewed in this suitin order
that if the compromise were annulled, she might
enter upon her rights without further litigation.
II oreyes ia to destroy so MANY pretty newspaper
puffs of great men, as will be rendered worthless
by this plain statement of facts 1t pains us to the
.heart to dash to atoms the golden castles of our
| financiers-and we almost weep at the desperate
| stab in the vitas which we are compelled to give
to glorious humbug-but truth compels us to say
| that the decision of the batture case leaves the
Second Municipality just as rich as it was before
minus the counsel fees, and leaves it just as mucf
| in debt, with just the means and no others tt
pay it-TAXATIoN.
|