The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-05-05

OF five per cent. A similar tender was made tC
the mayor and by him refused.
The defendant now takes a rule on the city and
the sheriff TO show cause why the funds should
not be received in discharge OF the Judgment.
NC objections were urged to the form Of pro-
| ceeding, nor were technicalities insisted upon.
puts decision is sought upon the general question,
| for the purpose of setting the matter at rest
whether that portion Of the tax relating to the
| consolidated debt and railroad bonds is payable
| 10 city notes, ii being conceded in argument by
the City Council that the corporation was bound
10 receive its own issues for all taxes levied for
! general and ordinary purposes, on the ground
that the latter embraced debts due 30 the city,
while the former was composed of debts due 6J
the city. The force of the distinction is not per-
| ceived.
When the three municipalities were united in
! one body, the consolidated corporation assumed
all the debts of the former, together with those Of
the general council. The aggregate liability then
became debt due by the new corporation. bat
when it levied tax 10 pay it. that became debt
due TO the city, payable to 1t by the taxpayers
and not payable by them to the holders of the
bonds. IL Is the same With the railroad debt. On
subscribing to the stock the city issued its bonds
In payment thereof, and il imposes an annual tax
to discharge the interest, which tax ia payable
directly TO itself, and is levied and collected in its
own name. These assessments, therefore, are
debts due to the city in the same sense that taxes
are, which are levied to defrsy the ordinary ex-
pe0ses Of the corporation.
Nor is there any distinction in regard to its
liability between those of its creditors who are
bondholders and any other. Whether il be under
bond OF contract to clean and repair the
streets, or an obligation incurred for any other
purpose, the debt is payable in cash or legal
tender notes. Hence the fact that its debt to the
bondbolders can be discharged only by payment
in cash, has no force in the controversy before
me, inasmuch as its other debts can be discharged
in no other way.
1t is contended, however, that an ordinance
passed IN 1855 required all taxes to be paid ia
W he ifU in
commenced issuing its notes for circulation, il
declared them to be receivable for all dues and
taxes payable under its assessments, and it has
made the same declaration on several occasions
since that year. Good faith requires that it should
not withdraw from its stipulstiOns and when it
issues It's notes as currency, or in other words as
money 1t IS estopped from saying it is not money,
and must receive it as such. Whether the attor-
ney's fee is five per cent. or five per cent. per
annum, is question do not solve. All parties
interested are bound by the judgment as it stands
and that gives the attorney five per cent. only.
For these reasons let the rule herein taken be
made absolute, and let the sheriff be required to
receive the funds rendered to him by the defend.
ant on the I'd day of April 1868, in satisfaction
and discharge Of the writ of feri facias issued in
the above entitled suit.
THE NEW GRAND JURY.-Under the decision of
the Supreme Court, that Jurors must be taken in
this parish, from the registration made under the
reconstruction acts, the sheriff and clerk drew
venari of three hundred for the First District
Court and of that number about seventy-fve were
found and appeared yesterday. From twenty five
to thirty are colOred of different shades from the
pure negro to the mulatto and the octaroon. A
grand jury, selected from the veuari, was impan-
eed, consisting of eleven whites and five col.
ored men, as follows: j. A. Hincks, (foreman)
Emile Martin, j. z. Manico, J. F. Thomas, Arthur
Oemiehen, Charles Benoit. Diego Battell, o. Voor.
HES j. J. Aubertin, A. Conrad E. Malus, Vslsin
Jean, (colored,) n. Raphael. (colored.) ZsnOn
Faustin. (colored) Dennis Desaller (colored,)
Henry Dejean, (colOred.)
Judge Howe, besides charging the inquest upon
those matters which be is specifically required by
law TO instruct them, observed:
The obligations which you have assumed are
specifically described in your oath of Office. By
that oath you are bound TO inquire diligently into
such matters as may be brought to your notice
and are within your Jurisdiction; to preserve with
fidelity that secresy in which it is wisely provided
that your proceedings should be conducted; to
keep your minds free from any sectarian or 20
ltcal bias; to present no one through malice, aud
to leave no one unpresented through fear, favor
or hope of reward.
of you carefully observe this oath You cannot
fail to do your duty but if you should disregard
its provisions you would not only do violence to
your consciences, but give an anxious community
just cause Of regret and distrust.n
The judge also referred to the practice of using
.his court, through criminal prosecutions, for en-
bezzlement, breach Of trust and false pretsnses,
as an instrument to enforce the collection of
debts, when actually there was no violation of
penal laws, and said upon another subject:
I'VE have, as you are aware, statutes upon the
subject of bribery and extortion n Office, to which
would also call your special attention. 1t must
be subject Of profound regret to all good men
that such offenses exist and that, IL popular opin
ion be correct, they abound in our community.
They are crimes which are of the saddest sort.
They extend beyond the individuals who commit
them. They impair public confidence and sap the
public honor. II any instances Of such ofenses
ere brought TO your notice, trust you will not
fail TO do your duty in the premises with prompt
ness and impartiality."
MoRTUARY REPoRT.-The total number of inter.
ments reported last week was LOG, of which
was killed accidentally, l drowned, l died from
the effects Of burns or scslds, l of injuries re-
ceived by being rSn over, intemperance, 3 con.
elton of the brain, S consumption, pernicous
fever, typhoid fever, heart disease, old age,
paralysis, pneumonia, softening of the brain,
were still born and the balance died of various
ordinary diseases 81 were males, SO females, aud
infants; 81 were whites, l9;blacks, muattoes,
and not stated; 46 were under l year, 10
between and 10, between is and 20, 5 between
20 and 30, between 80 and 40, between 40 and
so, between so and go, between so and TO-
between 20 and so, 4 between 80 and 90 and
between 90 and 100; n were natives of the
United States, not stated and were foreigners.
ODD FELLOWS HALL AssoCIATIoN.-The fol-
lowing gentlemen were yesterday elected direc-
tors Of the Odd Fellows Hall Association, to
serve lOI lDe ensuing year. y. VI. Dunidp, A.
Wallace Hunter, Eugene p. Brugere. Geo. Dir
meyer, Geo. w. Roper, H. Millspaugh, Luther
Homes, Geo. Nungesser. S. E. MOOre-al re-
elected-aud f. II. Fairchild.
ARREST or AN ALLEGED DEFRAUDER.-Special
Officer PecOra yesterday arrested at the st.
Charles Hotel, asman named w. w. Whtesides,
for whom TequistiOn had been forwarded by the
governor Of Illinois and eountersigned by the gov
ernor Of Louisiana. Mr.. Whitesides Is accused Of
having obtained from the State Savings' Institu-
ton Of Chicago the sum Of SIS 900 by the frauiu-
lent use of grain certificates. He was confined
last evening at the central station, under charge
OF the police authorities. and will be taken to
Chicago in charge of Mr. Joshua Bell Of that city,
who comes provided with the necessary authority.
IL was rumored, however. last evening, that the
counsel for Mr.. Whitesides intended to sue out
writ Of hsbeas corpus in his behalf.
TEE TURNERs' FEsTIvAL.-The Turnverein Is
sociaiiOn were out en mdsSe on Sunday, for that
was the day upon which the Turner's began To
celebrate their annual May festivities. The Fair
Grounds had been sptly chosen as the locality for
the sport and thither, from early hour, fiOcked
good -Datured throngs of men. women and child
res, bearing baskets and packages unmistakably