The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-31


Msr HAYS E;v Cotton s ind LAND Cana ssTs css
pany:
Gentemen-As attorney for commissioners of
second draining district beg to invite your sssen,
and sickness now prevailing, and threatening from
the suspension Of Che draining machine OF the
second district. and learning from published
articles 10 the CRESCENT and Republican news
papers that your cients are willing and DESTROYS
that the public suffer ss little inconvenience ss
possible pending this controversy and claiming
that the present food and damage IL the fault of
the commissioners and not Of the enloiners We
now propose to you in behalf Of the public inter-
est and health: That with your consent written
and filed lin the iDjunction proceeding in the Fifth
District Court, TO resume operations In drainage
lleaviDg other issues ios regular course OF law!
and expend such amounts as may be necessary to
purchase fuel, obtain employees for drainage pur-
poses and pay for the same. IfI1
i am, very respectfully, yours,
-...lIN .l..ii5 ALEXANDER WALKER,
Attorney for Second Draining District.
fcoPY.]
Is ST. CHARLrs STREET, March 20, 1859.
Alexander Walker Esq, Attorneysfor Commissioners Second
Draining District:
Dear Sir-Your letter ofths date has just been
received.
We hasten to reply. You say. Gas attorney for
commissioners Of second draining district, (you)
beg to invite your attention aud that of your
clients to the great damage and sickness now pre-
vaiiDg and threatening from the suspension of the
draining machine Of the second district"
This letter Is da ed the Goth day OF this month";
It therefore asserts that great damage and sick.
ness Is n01c preventing in the second district from
the suspension OF the draining machine OF that
district.
The force then Of this letter depends on the
truihfulness of the assumption implied. If not ex-
pressed. that the commissioner Of drainage Mr..
Bloomfield, appointed by the governor OF the
State, under an act Of the Legislature, or the
Ship Island Company, are now preventing by
legal process or otherwise, the operations of the
commissioners of the second drainage district In
draining that district by their draining machines
or in some other manner interfering in the dis
charge OF the duties imposed on them by the law
of 1865.
Now, to any one but yourself, who are familiar
with all the facts connected with the legal contro-
versy between the parties TO this affair, this as
sumption, based on allegations which have nothing
to sustain them butithe disordered imaginatons Of
the gentlemen making them, must appear so sur
prisDg that il hardly requires an answer, unlesr,
indeed, from its GOODNESS and audacity IL may sug-
gest the existence Of some knowledge carefully
concealed In the breasts of these commissioners
from yourself, their attorney, and utterly unsus-
pected by any one having any acquaintance with
the case, which may justify their conduct and vim
dictate the propriety Of their proceeding in prompt
ing the letter now before us.
Let us consider tie facts as they are and as you
know them to be.
On the 23d Marcel, 1869, the Ship Island Canal
Company, on making the proper affidavit and
giving the bond required by law, obtained an in
junction restraining the commissioners of drain.
age from proceeding in the discharge of the duties
imposed on them Joy the law Of 1858, on the
ground that the lsS' Of 1858 being repealed, they
were Jfnctts otfcif and had no authority to pro.
coed any further IN the performance Of their
official functions.
This injunction vls bs1ed on the theory that
the city of New Orasans was In reality doing the
drainage Of all the draining districts and pay
ing for the same. a. shown by the report of tho
controller Of the city, and was not intended to
stop the parties who were doing the work, but to
prevent those from collecting the money devoted
TO that purpose, who were deriving the benefit of
the lsbors of others,
Hence, the city OF New Orleans was not enjoin.
ed. but the commissioners of drainage were.
Waving that; on the evening of the Gath, you,
yourself, In company with Judge beaumont, called
on rs, at our Office IL st. Charles street, and
stated that the Second District Draining Commits
sioners were running machine. and that IL our
injunction was maintained II would operate inju-
riousy to the interest Of property holders in that
district, and that you were DESTROYS Of bonding
the injunction, TO the end that the commissioners
might proceed with their work of draining.
You will remember that you were Informed
that we had no desire OF stopping any Drainage
process whatever, and that we agreed that the
same might be dissolved at once, without the
usual legal proceedings, upon your giving bond in
y
distinctly told, and 1t was 90 announced by Judge
beaumont, that the Injunction was dissolved, so
far as the commissioners of the second district was
in9aed htely, ,ctttom any bond tc1idt-
scer, and that upors that understanding we parted
Yet, on the 27tl March, the public is enter
tained by q card, sover the signatures Of theae
gentlemen commissioners, that they were then.
suspended in their operations Of draining their
district by the INJUNCTION of the Ship Island Canal
Company, ttco days after that injunction had beeis
fissoiUed by sgreesent of counsel.
The object Of this publication is obvious: To
at the expense of others, a reputa-
ion for efficiency az public officers, which, God
Knows, they sadly needed; to divert attention from
ieir own incompetsucy by the assertion that they
would ifthey could and If there we're not reasons
% throw the oaium which the public had
fixed to their imbecile efforts 10 pro-
Getting the city from inundation on parties
Who as yet had no opportunity of showing
Vhat they could dot and to create public opinion
n their behalf, WIFI. b might help them In the trial
# cause then pefdiDg before the Judicial tri-
,une for decision.
OF all this, you ara well aware. As TO the propo-
ition contained In Jour letter, we most cheerfuIly
nd cordially accece. We will sign any agree
nent you may PROPOSE. having in view the car
ying out Of our Understanding OF the 24th.
We desire the drainage commissioners should
roceed with what little they can accomplish aud
re willing to facilitate them % far as is in our
lower.
And to this end W. consent they should collect
whatever sums Of money may be necessary to
nable them 70 CONTINUE their WORK.
Yours respectfully,
(Signed) HAYS q NEW. Attorneys.