The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-30

The great contest which was to have taken
place on Sunday morning at 10 O'Clock, at the foot
of Canal street, between Volunteer Fire Compsny
No. l and Mississippi Fire Company No. q, did
occident which occurred TO the first named COM
paDy. Volunteer /, after lengthy preparations,
got under way and raised steam in about fifteen
minutes, and commenced throwing water, but
worked very poorly, owing to q defect IN her
machinery, throwing only about 224 feet. At this
time the hose burst. and 1t was determined by the
judges according to the third article of the agree
ment. that the contest could not continue.
& The friends of No. now proposed to beat the
best throw Of No. in Is minutes-No. having
taken over one hour preparing to throw water
with the understanding that the amount of the
wager should be paid TO the Firemen's Charitable
Association but the proposition was not accepted,
and No. 2 left the scene, inviting the members Of
No. to join them In social glass at John Haw-
kins's, which invitation, however, was declined.
pleasant hour was spent at Hawkins's, during
which the officers of No. had occasion to repeat
that they were still ready to meet all competitors
for the championship Of the fire department.
The Opelousas Rail- oad Case Decided-De-
eision In Favor OF Ihe Road.
The great suit brought by Mr.. Jos. 7. Tucker,
agens of the Illinois central Railroad Company
against the 0pelousas Railroad Company, to de-
clare the company bankrupt. was yesterday de-
cided by Judge Dure of the United States District
The snit, it will be remembered. was brought
by Mr.. Tucker upon some $500 worth of the over
due coupons OF the company. which the company
on demand had failed to pay. After the suit had
been commenced, the counsel for the company
offered IN open court TO pay the coupons sued
upon. Upon this the plaintiff set forth new
grounds for his prayer alleging that the rendering
of payment was preferring of one creditor over
another, which was in itself an act Of bankruptcy
The court, after helding the matter under ad-
visement for long time, yesterday delivered an
elaborate and learned decision to the effect that
the company is still solvent. He held, amongst
other points, that bonds and coupons of q railroad
company are not commercial paper within the
meaning of the bankruptcy act. and that under
the State laws and the act of incorporation of the
company, q remedy ives provided to which cred
itoTs might resort. In the matter of the tender of
payment after suit had been brought the court
decided that the action was not one of bank.
ruptcy, and further that the act was an error of
counsel, for which the road could not be held
answerable. Further the judge decided that the
company was not insolvent, inasmuch as the az.
sets by sppraisement exceeded its liabilities due
or TO become due by more than 100000. The
court expressed some doubt as to whether rail-
road companies came under the provisions Of the
bankrupt law.
The object of the suit. as every one knows was
to obtain the control Of the rail route hence to
Texas, or rather to take away the control of that
route from the Opelousas Railroad Company
More, therefore, depepded upon Judge Dureli's
decision than appeared in the legal points in
volved.