New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-04

4 shi--- CrrY HALL NEW ORLEANS, !
| Tuesday August ., 1910.
Mayor Flanders called the Council to
order mt halfpast seven p. NJ, and pre-
sided over the meeting.
The roll was called.
Present: Administrators j. K. West I'm
provements) Alfred Shaw (Accounts), L.
| I. Dclassize Public Buildings), S. c. Emley
(Commerce), E. w. Pierce (Police), j. s
Walton (Finance), aud H. Bonzano Assess
| ments). ....
Reading of the minutes dispensed with.
The Pontchartrain Railroad Depot.
The Mayor informed tho Council that at
half-past six O'clock that evening he had
been served with the following notice by
the Sheriff:
| The State of Louisiana Eighth District
| Court for the parish Of Orleans
hereby certify that on the second day OF
August, 1870, Judgment was rendered in
this court in the following entitled suit IN
the words and figures following to wit:
| State of Louisiana ex rel, New orleans ana
| Ship Island Canal Company VS.. City OF New
| Orleans, No. 81-Let the motion herein
filed for slispensive appeal be Overruled,
and let the respondent be ordered to per-
| form without delay, the duty required by
| the decree herein rendered.
Judgment signed August 2, 1870.
[Signedl CHARLES NJ. EMERSON,
Judge of Third District Court, acting in
| the absence of Judge Dibble.
In testimony whereof have hcreunto set
NV hand and affixed the seal Of the said
court, at the city of New Orleans, on this,
second day of August, in the year of our
Lord one thousand eight hundred and
seventy, and the ninety-fifth year of indie
pendence Of the United States
JAMES d. HOUSTON.
Deputy Clerk.
The mandamus, an appeal from which
was refused, was as follows:
The State of Louisiana, Eighth District
Court for the parish Of Orleans. hereby
certify that ON the eighteenth day of July,
1870, Judgment was rendered in this court
in the following entitled suit in the words
and figures following, to wit:
State of Louisiana ex rel New Orleans
and Ship Island Canal Company vs.. city of
New Orleans, Alfred Shaw, ct ais, No. 81.
In the matter of the mandamus herein ap-
piled for, submitted to the court for deter
mi nation, after deliberatiOn and for the
reasons assigned in the written opinion this
day delivered and fled, the court consider
ing the law and the evidence to be in favor
Of the relator, it is ordered, adjudged and
decreed that the mandamus be made peremp-
tory, and that the city of New Orleans
through BENZ. +. Flanders, Mayor, be COM
manded to cause to be Endorsed by such Off
Ger or officers as may be designated for that
purpose by the said city government copy
of the ordinance adopted by the Coun-
Gil of the City Of Jefferson. on the
eighth day Of November, 1869, and entitled
IAN ordinance designating the route Of
lateral branch of the New Orleans and
Ship Island Canal, extending from the main
canal to point at or near the Mississippi
river, in the parish Of Jefferson, and to en-
able the City of Jefferson to use the same
for drainage purposes" upon the backs of
four hundred mortgage bonds of said canal
company.
1t is further ordered that the said re-
spOndents pay costs.
Judgment signed July 10, 1870.
(Signed) HENRY c. DIBBLE,
Judge.
In testimony whereof l have herennto |
set my hand and affixed the seal of the said |
court, at the city Of New Orleans, on this, |
second day of August, in the year of our |
Lord one thousand eight hundred and |
seventy, and the ninty fifth year of the |
of the United States.
j. CORPREW, Deputy Clerk.
With these documents he was presented |
with bundle which lie was informed con-
tanned four hundred bonds. Of these he |
declined to take charge, having no place in
which to keep them but he told the Sheriff |
he would admit the rendering to him of this |
bundle, and it might be brought back in
J., II 10 1.-:l h<
fore the Council for such action as they saw
fit. 1t was not necessary for him to explain |
a matter so well known. An ordinance had |
been passed by the Council of the late City |
Of Jefferson, guaranteeing the interest on |
four hundred bonds of the Ship Island |
Canal Company, and before this ordinance |
could be carried into effect, the cities were |
and the Mayor and other |
officers Of the City of Jefferson were re-
moved from office.
Thus, it became question who should |
perform the functions assigned to them in
relation to these bonds The officers of the |
,ity of New Orleans were applied to, but |
refused to act Then the mandamus he had |
cad was sued out in the Eighth District |
Court, before Judge Dibble, and from that |
nandamus Judge Emmerson, acting in |
Judge Dibble's place. had refused an appeal. |
The bonds, four hundred in number, bore |
eight per cent interest, which interest the |
,ity was required to guarantee on condition
chat the work stipulated in the ordinance |
passed by the Jefferson Council shall have
been done.
Mr.. Pierce moved a recess of fifteen min
ntes for consultation.
Agreed to.
On the reassembling of the Council, Mr.. |
Shaw offered the following resolution:
Rcsotred, That the Mayor be instructed |
TO confer with the City Attorney and re-
port at next meeting of the Council what |
steps are necessary to be taken on the part |
If the city government in relation to the |
nandamus of the Honorable the Eighth |
District Court Of New Orleans, in the mat |
er Of the Ship Island Canal Company.
The resolution was unanimously passed |
IN a call of the roll.
The Bulletins Claim.
The Mayor presented the following re-
port:
Report by the Mayor on the claim of the
Commercial Bulletin
NEW ORLEANS, August 2, 1870.
ADMINIsTRATORs-On the claim of the |
proprletors Of the New Orleans Commercial |
nuiletih Tor thirty-seve hundred and nine |
collars, alleged to have become due to them |
since the fourth of April last. as official |
printers OF the city, l have the honor to