New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-05-26

III s1f1tl uG ittfBNGf EUe UEGY Oh
company 70 furnish water for the purposes herein
mentioned, 1T all times during the consnnaHes Or
this charter, nness prevented by some nnayoidase
bic accident; and in ease such should oecriF de
repairs shall be inside and the water again fuEn83E
at the expiration Of tie necessary delay ete, etc
And now Jour petitioners show that fhey are an
insurance company ID the city or New Orleans
authorized 70 insure against re in the city and fan
That they have heretofore met with large Losses
at various times and places In the city of New Or
leans and fts fsubourgs, their policies Or RsuF
ance Of properties in said city Of Now Orleans and
Of water by said company, the CommerciaI Bank
as engaged to 5e furnished BY their charter IN cpr
sequence Of their total neglect TO comply with ne
eleventh section Of their charter, and 10 e0nseS
quence Of their cuIpable neglect to comply with
the thirty eighth section Of thefr charter, and ii
consequence of the cuIpable and gross neglect cf
The corporation Of the city Of New Orleans to en-
cal Bank with their duties to The city, as IN said
section stipulated and this they are ready "
verify If permitted. ~
Bat now your petitioners show that the saif rsl
missness Of the city Of New Orleans to enforce
compliance Of the obligations Of the s8th section,
and the said negligence OF the said Commercial
Bank, was loudly complained Of BY tie pnbIfc, aisd
the attention Of both parties called t0 the gar
ing svil ret TIE same continued to the zalh of
April 1881, when iire occurred III the Third Dis-
trict o. this city, originating In square No. ~
snssn ssess l GlsPs ssress knghieu street. Gssat1en
-.A>% = va 0tdtfUfJbX BHB WN0lH UFIIE
of buildings and improvements ii said sa1ars Is1d
extending to square Nc, - between f.TsslfsSer4
stree, Pert ssseet, Enghien street, ana GasacxITo
ssree., @ aeasxoying AZ ~ bulk and impsags@
menfs N said square, and extsndirx f0 assofher
& saIare na adjoining, destroying the honze 81 J b.
Your petitioners show that thsy h,ssssa ID ~
property 20 destroyed by policies of iaspsnase t6
the different owners and parties interested u ~
extent exceeding thirtysdre tf0nsaud S3oi]ars nra
that they have been obliged to pay on accduas d
exceeding thirty y-three thousand dollars @saiS
Your petitioner further show that the said are
commenced In small house fronting III CYeatryeSs
street, between and in tie morning thas tkefs
opposite squares fronting on Port street q Wafer-
plug in the second square destroyed fsonffns on
Greatmen street, q Tater-works plug on tie 0ppo-
site square. fronting on EnghIen street but there
plugs; that the engines we're quickly On Tie SPOT.
but could render no service because OF the total
want Of water; that notice thereof was sent 70
tne commercial 6ank, put no relief was obtai1td
and In the meanwhile, from an insignificant blaxe
that could have been pnt out at once, the fire ex
tended; and when water was finally, after long
delay, obfalned BY steam engines from the river,
without any assistance from the Commercial Bank
or from the Corporation Of New Orleans it Waa
ton. Sl
Your petitioners charge that fila loss 10 shsna
has been occasioned BY the Commercial Bank 10
not complying with and accomplishing the object
for which they were chartered and had many pin
ieges granted them, and not complying with ths
ilth section Of their charter, but violating the
whole Of #; not extending their worka, not ex
pending the amount specified annually of at III,
but making dividends Of the said moneys among
their own stockholders and that, although twenty
seven years have now elapsed since the exclusive
privilege has been given them they have nat faF-
nished the inhahitanfs Of he city III New 0Eleans
and its faubourgs with s1f6cient water from the
sIser q ~ seasons q the yssr nor has she a
furnished with water in the streets, etc, n
And these petitioners charge that BY reasons
thereof, and OF the damage caused to petitioners
by the acts Of the said Commercial Bank, that I'M
said company is responsible to them in the said
until paid.
YET, though amieably demanded, they have ~
fused to pay or indemnify your petitioners, and
have made no excuse or in any manner attempted
70 justify their misfcasance and malfeasaRce, a.
above related. ss 3s. q IA
Commercial Bank Is hound to indemnify them ~
aforesaid and pay said sum Of thirty fhoAsad
/ dollars, because Of the refusal and neglect Of the
said bank to comply with the 38th article Of their
charter, by which said loss Was occasionedto yaur
petitioners for had the corporation been supplied
with all the water necessary for the extinGushment
Of fires, and could . sufficient quantity Of water
nave been drawn a rom the hydrants IA u front Ct Ct
the Streets 40 that the water could have been sup.
Piled to the fire engines, and had all the other
causes and requirements of the section and OF the
eharter been complied with, no loss would have
occurred to petitioners. III "a
Wherefore, your petitioners, alleging the refusal
OF defendants as aforesaid, pray citation and judg
ment against said Commercial Bank for the SUE
aforesaid, and interest and costs as Aforesaid.
4 And these petitioners further show that besides
the obligations of the Commercial Bank to the cty
Of New Orleans and faubourgs, and inhabitanE
there was an express obligation that the corpora.
ton of Me- Orleans should be supplied for The ax-
4 tnguishment Of fires with o sufficient quantity
therefor, as rected in the 38th section, to which
reference s made, and that it was particularly The
duty of the corporation Of New Orleans to ses
that the said company supplied oil water necessary
for the extinguishinent Of fire.
II Now your petitioners show that the corporation
Il Of New Orleans have never attempted to enforce
the obligations n the 3Sth section; that though
represented in the Board Of Directors of said Com
mercial Bank. they have silently Witnessed the
total neglect Of tho company to provide water for
the extinguishment of fire, without complaint or
action, and by their culpable and unlawful conduct
and doing have eansed the present loss to theae
petitioners as well az other losses, as before re-
feTed TO.
4 Now, therefore. your petitioners pray that the
| said city Of New Orleans mny be cited to appear
herein and join them as plaintiff in this suit and
claim with them Of the Commercial Bank the said
amount Of thirty three thousand dollars so lost By
| petitioners, and that said Bank may he cited ae
4 cordingly, and that petitioners may at the same
time have Judgment against said corporation b
NtW OElsanb lOE Inc HHIu SUM 12& S0tl10 WIN H1lG
1 Commercial Bank, because Of the damage caused
to plaintiffs by the actings and oings Of said city
OF New Orleans, and for all further relief. sxs5
=. PIERCE, Attorney
FIRST DIsrRIcr CouRr.--Judge Hunt. Yester
day, on motion Of Mr.. Reynolds, counsel for th,
prisoner. the Attorney General was ordered Il
show cause why new trial should not be granted
to John Gafee, lately convicted Of manslaughter
i The motion to quash the information Of larcen.
against Richard Barba, was argued, and taken I'M
der adyisement by the Court.
Il The Grand Jury reported q true bill for murder
against ]. G. Murphy, committed for manslanghter
by Recorder Summers, and out on ball. capias
was issued for re-arrest.
SrARBED WITH a DI.E.--James Neshitt WAS yes
terday before Recorder Monroe, on the charge Of
having stabbed Patrick Harnan three times with 4
dirk the 18th inst, Tchoupitoulas street, be
tween Julia and st. Joseph all with intent TO kii
and murder. The case was fixed for hearing o.
the I'd prox.
PraNAeITIEs. Assistant Recorder Monroe, aci
ing in place Of Recorder Summers, yesterday bel
the following parties for examination:
Arthur 0'Leary. (not Lever's1 charged with hol
ribiy abusing and sillifying Betsey Dean. al ID
nf