New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-01

| Of 1868, and that it specially violates articI,
l09 of the constitution of 1864 and article
ll0 of The constitution of 1868, and can have
no binding force or effecs against the vested
rights of these respondents or the corpor
ators named in act No. SO. Of 1865, and thai
said act No. g., of 1857, should be decreed
| unconstitutional, null and void, and act No
81, of 1866, and the corporation formed
under it, herein sued be decreed to be legal
and In full force and effect. Your re
spondents further deny that they have
forfeited theirrights under the act No. So
That the failure to complete the steamboat
canal within the time required, has been
caused by the passage of the act No. 81, OF
1867, which destroyed the credit of the
corporation until recently, and the
State can not claim the advantage of the
clause Of forfeiture in said act through her
own fault; that she has undertaken to break
her gOed faith and solemn contract with
these respondents by passing the act No 81
| within the time required to do the work,
| and its incOmpletion is wholly attributable
| to the passage of said act and not through
any fault or neglect of these respondents.
That the passage of said act No. g., of 1867,
| operated as suspension of the effect of the
law and the works Hereunder from the
date OF its enactment until such time as this
honorable court should decree it to be un-
constitutional, and the rights of your re-
| apondents maintained under the grant given
them by act No. 50, of 1865. That the pas-
sage of said act No. 60 has inflicted serious
and irreparable injury and loss to the COM
| pany. That the damages sustained to date
far exceed the sum of five hundred thou
sand dollars, which, in law and equity, your
| respondents should be Unidentified for. Your
\ respondents represent that they have COM
piled with all the requirements of act No.
%, of 1865. That previous to the declara-
ten g1 OF peace Ito wit on the third of April,
1865, they had made surveys and maps of
the route of the canal, and notified the
Governor of the facts, and within four
months thereafter they had duly deposited
the required maps with the Secretary of
State and in the Land Office, and had actu-
ally commenced work in good faith with
force of labOrers on the eastern terminus of
said canal.
Your respondents specially reserve the
right to claim, in due time, the damage sus-
tanned and to be sustained by the wrongful
acts from the State of Louisiana, as above
set forth.
Wherefore, the premises considered, your
respondents pray after due and legal pro-
ceeding, that there be Judgment against the
State OF Louisiana and i'll favor of them, on
the action herein brought and that the act
OF the Legislature approved fourth of April.
1865, entitled "An act to enable certain per,
sons hereinafter named to construct a
steamboat canal from Vermilion Bay, to
the Sabine river, at a point near the mouth
OF the Neches river, in Texas" be decreed
legal and binding and in full force and
effect at this date, and the incOrporators
and their successors, and the corporation
known as the Louisiana and Texas Canal
Company, formed under said act for tbe
purpose of carrying out the objects and
purposes OF said act, be recognized and de-
creed to be the owners and possessors, in
IuH right, title and interest, of all the
privileges, franchises, fmmunities and rights
OF property in and to the grant, and the
rights therein and Hereunder. And more
over, that the act of the Legislature. an
proved thirteenth March, 1867, No. 90 of
session acts, purpOrting to repeal the act
aforesaid, be decreed unconstitutional. null
and void, and of no force and effect what
soever, as against the rights of those re-
spondents, with all costs of this suit, and
for all and general relief, as in duty bound,
your respondents will ever pray, etc.
COTTON q LEVY, of counsel,
State of Louisiana-Eighth District Court
Tor the parish of Orleans, No. 39-State of
Louisiana ex rel. 5. Belden, Attorney Gen
erai, VS.. X. L. Burgess and al.-Judgment
rendered December IT, and signed Decem-
Der 81, 1870,
1t is adjudged, ordered and deereed that
there be Judgment against the plaintiff and
IN favor OF the defendants; that the writ of |
injunction herein issued be set aside and
annulled; that the act of the Legislature.
fourth April, 1865, entitled Gan |
act to enable certain persons hereinafter |
named to construct a steamboat canal from.
Nermillion Bay to the Sabine river. and AT |
a point near the mouth of the Neehes river |
In Texas, be and the same is hereby de- |
creed to be legal and binding, and in full |
force and effect at this date, and the incor- |
porators and their successors. and the cor
poratiOn known as the Louisiana and Texas
Canal Company, formed under said act, for |
the purpose of carrying out the objects and |
purposes Of said act, be recognized and de-
creed the owners and possessors in full
right, title and interest of all the privileges.
franchises and right of property in and to
the grant, and the rights therein and there
under.
And it is further ordered, adiudged and
deereed, that the act of the Legislature an
proved thirteenth of March, 1867, No. 81 of |
session acts, purpOrting to repeal the afore-
said act, be and the same is hereby decreed
10 be unconstitutional, null and void. and
Of no force and effect.
HENRY C. DIBBLE, Judge.