New Orleans Republican., 1871-06-18
A LITIaIOUs MAYOR.

| Pi"ininS one error ny committing greater
one, and notwithstanding that the
REPUBLICAN is accepted as better author.
ity than the Times in its general sugges-
tons and statements, our contemporary
will essay to wrestle with us on issues
which are either not so well understood
by it as they are by us, or which are mat
ter of personal interest, in which it is
bound to champion the wrong. Having
wound the Times up on the historical
status of political relations in Louisiana,
we are now prepared to do the same office
by it in regard to little matter of litiga-
ton. But before doing this, without 60
ing into details, let us say that the Re-
PUBLICAN will not be accused of having
shifted its position single line since the
day of its establishment, while all our
fingers and toes, and all the fingers and
toes of our friends, would hardly suffice
| to count the number of shifts and changes
that have characterized the Times. 1t has
been on all sides heretofore, and it will
be on all sides hereafter, not honestly,
but always with purpose and if it is
true what it says that it reflects the senti-
ments of the white people, then heaven
help the white people for being such men
as such representative would convict
them of being.
But to the matter in hand. The RE-
PUBLICAN deliberately cautioned the
Mayor of the city of New Orleans that he
was too much prone to litigation. This
we had right to do, first, as newspaper,
and secondly, as Republican. The Re-
publican party is responsible for the mis-
takes of Mayor Flanders, and none will
hold it to a stricter accountability than
the Times, which is always slandering the
party because of some individual SIN The
city is absolutely overwhelmed with law
suits, most Of which she is bound to lose
These cases involve large costs, as may be
seen by the bills sent in to the Council
every month; and, notwithstanding that
their merits are not understood by the
Mayor, except as he hears them from
some doubtful source, standing order ex-
lists that every judgment shall be appealed
from. This is the first item of fault
which we have laid at the Mayors door.
and that it is a serious one the money it
costs and the bad success that attends it
is the best evidence
But our allusion was made directly to
the Mrs. Gaines case. This is piece of
litigation which has consumed the time
of the courts of this State and of the
United States for years. 1t has been
fought with all the legal defenses that
money, brains and energy could COM
mand. Mrs. Gaines won the fight, and
the city, alike with private individuals,
was called upon to respond to the judg-
ment of the court. The corporation still |
resisted upon collateral issues, and was
again thrown, all the time paying fees and
costs. At last the contest assumed def |
mite shape and judgment in the small |
est OF three amounts was entered up be- |
fore court that stands unimpeached in |
its honesty and undoubted in its capacity. |
1t is true the amount involved is large
but it is smaller than it might have been
or than it might be at the end of another
contest. But because the lawyers who
lost the original cause pretend and ad-
wise that they can do better in another
struggle, the Mayor induces the city
not only to appeal the case, but to employ
the very attorneys who made the favor
able report of their own abilities. Thus,
what might have been settled to-day with
one hundred and twenty-five thousand
dollars, or thereabouts, will no doubt
have to be settled hereafter at much
arger rate, with interest and lawyers
ices added thereto, because since the ap-
peal has been taken, Mrs. Gaines may
1emand that the judgment was wrong in
awarding her the lowest instead of the
highest or the intermediate estimate made
~ the competent experts who summed
Up the damage for the information of the
'ircuit judge. There is nothing in the
evidence or in the law that fixes the iabi-
ity of the city at the lowest amount. 1t
vas only the ipse di1H of the Judge that
elected the figures, and that ward might
ust as well have selected one estimate as
he other. And it is our opinion that in
he ultimate solution of the case the
ourt will consider that the vexation of
eing pursued with an obstinate litigation
nil Justify it in awarding larger judg-
nent than that which has been refused a
ettlement. If there ever was case that
emanded exemplary damages it is where
be losing party resists for years on mere
7 technical grounds Judgment which !,
IL the courts have sustained. And if the :,
ity was responsible being and could be
eld accountable for its acts, as Mayor
landers can, the vindication of justice
ould not be complete until Mrs Gaines
ad made it pay for the harrassing delays : :
hich it has invoked to obstruct the plain :,
landate of the law. But unfortunately !,
le city is victim, and she suffers as
ell as the plaintiff where rights are de-
led in the interests of lawyers to serve =
tigatious spirit. !.
LET THE CUBANs BUY CUBA. t
An English newspaper of some import Il