New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-10
THE GREAT BATTURE CASE
THE OWNERSHIP OF THE LEvEE
THE REGULATIONS OF ITS USE
CHATTANOOGA RAILROAD GRANTS VALID
DECISION OF JUDGE DIBBLE

New Orleans, Mobile and Chattanooga Raj
road Company va. the city of New Orleans G
ala.-Eighth District Court. No. 19-By al
act of the General Assembly of Louisiana
approved BY the Governor August -, 1865
facts 1868. p. 28). the New Orleans, MObil
and Chattanooga Railroad Company. a cor
poration in the State Of Alabama, was re
cognized and authorized to exercise and en-
Joy its corporate powers and franchise
within this State. Under the provisions o
this statute, and Of several subsequent acts
the company was empowered to build ant
MAINTAIN railroad from a point on tn,
borders OF Alabama and Louisiana upon
line from Mobile to New Orleans. through
the latter city, crossing the Mississippi river
by ferry. and westward to the State OF
Texas. The name of the corporation was
subsequently changed. and it is now known
AS the New Orleans, Mobile and Texas Rail
road Company facts 1871. p. 2ll.
The first act cited authorized the company
to run the road along and upon the levee
IN front of the city OF New Orleans. An
| other act mo. q, of 1862 empowered the
| company to lnciOse and use a portion of the
battulr. extending about three hundred and
| fifty-tive feet from Cailiope street down
| the river by another act mo. 70 of 1869
the company was granted the rigL. to build
passenger depot on the levee in that nor
| ton bounded by Canal. Delta and Poy,lras
| streets. and line parable! 10 and one hun
| dred and one hundred and fifty feet east
| erly from Delta street; s'and for tie con
struction of freight depot. and for other
purposes of It's legitimate business. to in
close and occupy the blocks of ground
parts of streets and portious of levee in
| said city. bounded by Girod. Water and
CalliOpe streets. and line parallel to and
two hundred and ninety feet easterlv from
Water street" This grant was made with
the provisO that the company shall first ac-
4"ire any private property within the
boundary described. Still another statute
tNo. 81 Of 1870, confirmed all grants before
made. but changed the line of the
road leading out of the city toward
Mobile. The line first designated was
down the levee to the junction of Spain
street: thence By a curved line to Enghien
street: thence along and upon Enghien
street and Lafayette avenue to Claiborne
street. tSec,ion l. Act No. %. 1863. The
new course was from the levee by curved
line into Elysian Fields street. and along
two central ban.uettes or walks in said
street. being two strips of ground, twelve
feet IN width one upon each side of and adj
joining the land owned by the Pontchartrain
Railroad Company in the central portion of
the street. tSection l. Act No. 81. 1870.
Section six of this act provides that all
tudt VI inc ltNtc OF streets ana
grounds in the city of New Orleans. living
within the following named limits. viz:
The southerly Tor upper line of Canal
street. from the Mississippi river to the east
erly line of Water street. the easterly line Of
Water street from the sOutherly line of
Canal street to the southerly lor upper
line OF GirOd street, the southerly line of
Girod street, from the easterly line of
Water street 10 the easterlv line of the
Ia fol 81,
freight depot of the company. the easterly
line Ut said depot lands from the southerly
line OF Girod street to the northerly tor
lower line of the batture rights owned by
said company, the or;herly tor lower line
OF said hatture rights from said depot lands
to the Mississippi river. and the Mississippi
river from the nOrtherly for lower line of
said hatture ri ghts to the southerly line of
Canal street is hereby expressly dedicated
to public USE and shall forever remain open
for such use. and no part of said lands or
of the accretiOns and wharf in front of the
same shall ever be inclosetl or built upon or
granted for ferry landings. or exclusively
or used by any individual or
Individuals corporation or corporations. or
by the municipal authorities OF the city |
of New Orleans" I lis company, how
ever. was granted the right to CON
struct, maintain and use across or |
upon said lands or any part thereof |
such railroad TRACKS. turnout, and switches |
from its main track on Water street as
might be necessary for purposes of egrcSs |
rom or iEgress to its depots. ANY act Of
The municipal authorities calculated to con
.ravene this grant was stricken with uUllity.
The several acts above cited contain many
,ther grants of aid. privileges and fran
'hlses to the said railroad company. but the
ssues i'll this case. and in several others to
re now decided. only involve the validity
II the acts III 80 far as they authorize the
and use of the streets. ievees and
ands hereinbefore detailed and III the man
Ter set forth.
In the course of this litigation the city of
New Orleans urges the unconstitutionality
nd lnvalidi:y OF the legislative warrant for
he construction of the railway along and
pon the levee in front of the city. and
specially attacks the grant to the company
+ the right to inclose and use the batture
I the foot of CalliOpe street. In this contest
he city is supported by Mr.. Charles Nor
AN, owner of the New Orleans OpeiOusas
nd Great Western railroad. MIR. Morgan.
,ined with the city, claims as against the
laintitf the right to the square of ground
ereinbefore described. bounded by Girod
Water and Notre Dame reefs. aud known
1 this litigation square 81 A The
Ontchartrain Railroad Company, cor
GRAFTON in this city, joined with the city.
ontests with the company. plaintiff. the
ght to lay its tracks upon the strips of
md in EIysian Fields street. hereinbefOre
escribed and finally certain front pToprie
,rs seek to prevent the construction of the
Dad upon the leyee in front of property
wned by them.
This suit involves most of these questions
he New Orleans. Mobile aud Chattanooga
abroad Company sought and obtained
Mt % |
ew Orleans and Mr. Morgan and his
gents from interfering with the COM
any. plaintiff, in the construction of its
rad in conformity to the maps fled with |
le petition. marking the route as defined
the several acts herenbefOre cited. The
Railroad Company was also
ade defendant, and restrai ned by in ,
melton from interfering with plaintiff in
lie construction of the road alon e Elysian
ields street. I
The case was presented to the court with
eat care and cOnsummate ability by the
veral learned attorneys representing the
tferent parties in interest. There is much
proof and oral evidence, to-
timer with numerous maps and plans: but
e questions OF fact are SO intimately CON
ected with the legal issues that they need
u be considered separately. i
There are three distinct issues OF law pre-
for consideration: $
first-lt is maintained by the city of New !
I leans. as against the railroad company. /
aintiff. that the levee and batture in front a
that portion of the city lying between c
anal street and Calliopo street is {
ested in the municipal corpora t
on that this ownership is full !
40 complete, aud that the grants by q
le Legislature to the company Of the right $
enter upon this land and Use the same I
e acts dlvestins the vested rights of the c