New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-26
NEW ORLEANS REPUBLICAN, TUESDAY, APRIL rs, 1870

cause, has entered upon INC PioPCA'y v. viz |
city and upon the public evees, landings, |
and streets thereof, which the city holds for |
itself. and the common unrestricted use |
of its inhabitants. and for the world at |
large engaged in commerce, and IL Indecent |
and unlawful invasion OF pubic night and
iustice, has commit ed depredations ana
damage thereon, to the great Injury Oh COM
merce and of the rights OF ING CoEpola.iIpa
IT 10 ayerred on the part OF the city tnaI
the railroad company have s0 managed us
invasion of pubic rights as to suoYers
nublic order, and render prevalent among
the citizens OF the State Jealousy o. greas
insecurity in the tenure by Whlch tneY no!d
their private property, aud 10 create pnoiic
scandal. That all of said acts are contrary
to law, equity and conscience anu pu'lic
neace and order. and well calculated 10
bring the law and the administration there
of into ridicule and contempt.
That under the specious pretenSe OF al
alleged fear that pretended and imaginary
rights invested in said railroad company, as
is pretended, were III danger of oelDS inter
fered with, it applied to this court TOT virus
which it was the intention Oh the saiu ue'
PENDANTS in recOhventlOn to convert INTO en-
gines of wrong, for the purpose OF shackiing
| the power OF the city to protect ltself, whlie
| the defendants in reConventiOn could effect
| an attemnt to seize and attach to Itself the
Dossession and control of the property OF
the CITY. That it has unlawtully taken pos
| session Of the property alluded TO- ana mas
| inclosed the same so as TO eAciuue al
| General commerce, and to destroy the gen.
| eral and common use thereof; that the com
| many has disturbed and removed pubic
| buildings and structures belonging to and
| erected for the use of the city, and by max
| ing excavations along the levee, and laying
| down railroad tracks, has oostructeo CON-
| MERGE and made access to the river aluloo'
| impossible.
| Reference is made in the answer to the
acts of the Legislature, Incorporating the
| Mobile and Chattanooga Railroad Company,
and it is therein alleged that said acts OF
the LEGISLATURE are not the true, honest and
| free expression of the legislative will OF the
| people of the State; but, on the contrary,
the Railroad Company procured the adop-
ton of said acts by tampering with, subvert-
ing. setting aside and debasing the VIII OF
the representatives of the people OF the
State. that. in order to obtain the maJorltleS
of votes in the General Assembly, brides,
false representations, alluring, untrue anu
deceptive promises and representations ana
Inducements were held Out ana eA-
tended to members of The General AS
sembly. in order and with the intent to
| subyert, undermine, destroy and prostitute
the discretion, will and conscience OF divers
members of said General Assembly, and
lead and induce them, in the interest anC
aid of the schemes Of the defendant in recon
vention, to forsake aud abandon the h'gi
trust and power granted and conhdeo te
them bv the suffrages of the people, anc
ioin with said scheme of unlawful leglsla
ton, and lend thereto an apparent con
curing majority necessary for pretended
adoption thereof And said plaintiff aver
that, if permitted by this honorable court
the city, by its attorney, will, by proper
distinct and defnitive allegations anu aver
!. ments, and due, proper and conc'usiF'
proof, alege, aver, maintain and prove tn
/. said matters and allegations OF unlawful AM
improper legis alton aforesaid.
/. Plaintiff AYERS that the said acts OF IN
Legislature granting away the Prlvat
| property Of the city, are in paipable Vloia
: ton of the law and OF the constitution OF IN
State and Of the United States. Ihat sal
!. | pretended laws assume to take all the prop
| ersv OF the city IN and to the leVets al
streets in question, and if the railroad col
8 poration should become extinct, said PROF
erty would not escLeat to the state, but Dt
come the property of individuals comprlsln
: the railroad company, without any price c
consideration paid to the real owners.
}. That these acts Of the Legislature PR
sumo TO confer upon the railroad compan
J a complete fee simple title to the proper
of the CITY.
: Plaintiff AYERS that that said acts OF tn
Legislature are null and void, Tor want
|. power and title III the pretended Sran'o
s. and for express violation OF rights and serv
:, tudes existing before the State, OF such PR
tended laws, and is in all respects an act
aggression. which it is the duty OF all pc
1T sons to resist by all lawful means.
Plaintiff AYERS thai under article Z9o
g. the Code of Practice, the city Is EMIT ed
an INJUNCTION commanding defendants
j. reconveution to Gesist from ConStrucul
their works on the leyee for railroad pu
poses.