New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-30

that the aggregate OF SAID warrants so re-
ceived in each current year shall not exceed
the amount OF the superintendent made by
the Board of Metropolitan Police Commits
sioners upon such city or parish for that
year. -'--'' -. s--=s s--'s---- .-------,
Now petitioners allege that by several
acts OF the Legislature every city in the
State is distinctly prohibited from levying
a taA for any purpose which shall exceed
two per centum on the assessed cash value
of all property therein listed for taxation.
That by section twelve of the charter OF
the city of New Orleans, passed by the
| Legislature in 1870, the city is allowed to
levy an equal and uniform tax for the gen
eral purposes of that act upon property
real and personal, but that it is expressly
| provided that said tax, when added to the
several special taxes particularly enumer-
ated in said act, shall not, in the aggregate,
| be more than one dollar and seventy-tve
cents on one hundred dollars of valuation
| acknowledgements in certain extraordinary
circumstances therein specially mentioned.
That levy for the year 1870 has been
already made by the said city, and that
said levy amounts, in the aggregate. to
| two 62l2-IOO dollars upon the valuation of
every hundred dollars. That one 75-l00 dol
lars of said levy has been made for the
| specific purposes enumerated in the charter,
that 75-l00 of dollar OF said levy has been
|
| ment of the expenses of the Metropolitan
Police falling upon New Orleans under the
estimate made by the Board of MetrOpoi
| tan Police, and the remaining l2l2-lv0 of
a dollar for the New Orleans park. =.
Now petitioners aver that under the linn
itation contained in the acts above referred
to, whereby the city is forbidden 20 levy a
tax for any purpose, which shall exceed
| two per centum, 62l2-l00 dollars OF the tax
| thus levied is clearly illegal.
That one 75-f00 dollars Of said aggre-
gate tax having been levied by the city for
special purposes, enumerated in her charter,
it appears that only 25-I00 dollars of said
tax may remain properly levied for pur-
poses in conformity to law.
| Now petitioners aver that the city has al
ready received for taxes warrants issued by
the Board of Metropolitan Police to an
amount exceeding this 25-lO0 of a dollar,
which is the full amount of the apportion-
ment made by the Board of Metropolitan
Police, for which the city can be made re-
sponsible, which petitioners deny, and
therefore she has received all the warrants
which, even under the color of law, can be
rendered her. Now, petitioners further
aver that the city of New Orleans has no
| right to levy or collect any tax for the pur-
pose of meeting this superintendent, levy,
/ and collection of "a tax for Metropolitan
| Police purposes is clearly unconstitutional.
| null and void. That it violates article ll8
! of the State constitution of 1868, which re-
uures taxation, to be equal and uniform
throughout the State, and also the article
| in the constitution of the United States
| which guarantees to every State a repub-
| hcan form of government.
That it is in opposition to and contravenes
the fundamental principles of the system of
| gov eminent, both State and United States;
] wherefore petitioners pray that the city of
New Orleans, and particularly the Admins
| traitor of Finance of said city, John S. Wal
ton, be cited to appear and answer this pc
tition, and that after due proceedings had,
and by the Judgment to be rendered herein,
| tie said city of New Orleans, and particu-
larly the said John s. Walton, Administra-
| tor of Finance, be enjoined from receiving
! in payment of any tax whatsoever the Me
! tropolitan Police warrants, and further,
from attempting to collect from your peti-
TONERS, or any other taxpayers in the said
| city of New Orleans, any levy of taxes be-
yond two per cent, for any purpose what
! soever, or any levy at all intended TO meet
the apportionment for police purposes as
above set forth; and petitioners pray that
the Board of Metropolitan Police, whose
domicile is in this city, be cited as parties
to this suit, and that the Judgment to be
rendered herein be so rendered cOntradic-
| tOrily with it, and petitioners pray for all
general ana equltaDle rene1
The Poydras street crockery dealers
Levi & Navra, have obtained writ of in
junction restraining the Sheriff from selling
certain articles sold by them to one
Thomas |. Harrison, and still remaining I'M
paid. They allege that ON or about the fifth
instant they sold lot of household goods
to defendant to the amount of S555 As, and
that they have reason to believe that the
purchase of said goods was fraud on the
4 uon tad -,th FL,
connivance and assent of one Henry Story,
lately in partnership with Harrison; that
there was never an intention on the part of
said Harrison to pay for said goods, but
that the whole transaction on his part was
a fraudulent intent and design to get pos
session of plaintiffs goods, and then, with
the connivance of said Story, to have the
same seized under execution, on a iudg-
ment confessed in favor of said Story on
the eighth instant, being three days after
the sale of said goods, and only one day
before their delivery at Harrison's resi-
dence.
Petitioners, for these and other reasons,
ask that the sale of said goods be rescinded
and be decreed their property, and that an
injunction issue, restraining Harrison, Story
and Sheriff Sauvinet from disposing of said |
goods. The writ of Injunction was granted |
by Judge Dibble.
The case of the State VS.. the Mexican |
Gulf Canal Company has been discontinued |
This was done Oh motion by the Attorney |
General.
Seventh District Court.
Benjamin Bloomfield has entered suit |
against r. r. Barrow, in which he claims
one share of stock in the Barataria and La
fourche Canal Company, valued at S2j, 600
Plaintiff asserts that, according to agree
ment, said share of stock was to have been
transferred to him, but not having been
DONE suit is brought.
Fourth District Court
The jury term in Judge Theard's court
commenced yesterday morning. and will
occupy the balance of the session. The
cases were fixed for trial to-day:
Larrien VS.. Dumonteil, Langdon VS. New
Orleans Insurance Assertion, Maignan
& Laborde VS.. A. C. Pierpont 81 Co., J. A.
Thurber VS.. G. S. Whitcomb.
Fifth District Court.
The docket of this court is now entirely
clear, and new suits brought will be imme-
liately fixed. The session of the court will
De closed on the first Monday in July.
The Jackson Pilot, speaking of the New