New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-01
TrIPoRTANr JUDICIAL DECISION.
Tho State of Louisiana VS.. The Louisianl
and Texas Canal Company.

Tho State Of Louisiana VS.. The Louisiaui
and Texas Canal Company.
Judge Dibble, Of the Eighth Distric
Court, rendered the following decision ii
the above case on the twenty first instant
THE PETITIoS.
To the Honorable, Judge Of the Eighth Distric
Louisiana;
The petition of the State of Louisiana
upon the information of Simeon Belden
| Attorney General of said State, who appears
herein and represents said State in his Off
| cial capacity, respectfully represents:
That II. T. Burgess, NJ. A. Southworth
| w. G. Phillips, John Hancock, and others
| claiming and pretending to act under and
| by virtue of the provisions of act No. 50 Of
the General Assembly of Louisiana, ap
| proved April d. 1865, entitled San act tG
enable certain persons hereinafter named
to construct a steamboat canal from Yer
| million bay to the Sabine river, at point
near the mouth of the Eeches river, in
Texas" have organized a board of directors,
| and are about TO commence the construc-
ton Of canal under said legislative act
that said H. T. Burgess has been elected
Presidentand M. A. Southworth, Secretary
Of said company or board of directors.
Now the State of Louisiana, upon the in
formation of the Attorney General, as afore-
said, represents that the said persons named
herein as having organized TO construct
said canal are acting contrary to law, and
10 violation of the rights of the State in
this
First-Said act of 1865, No. 50, was and
is viOlative of articles ll2, l2l and 127 of the
constitution of 1864
SecOnd-That the company created by
said act has never complied with any of the
conditions imposed upon them by said act,
and more especially by the conditions CON
tanned in the third section thereof, and for
this reason all rights, grants and privileges
given by said act have been forfeited and
have reverted to the State of Louisiana,
who gave them under said conditions
Third-That said act No. 50 of 1865 has
been repealed by act No. 60 of the General
Assembly of Louisiana of 1867, entitled "An
act to repeal an act entitled ian act to ena-
bic certain persons herein named to con
struct steamboat canal from Vermillion
bay to the Sabine river at a point near the
mouth of the Neehes river Approved
April 4, 1865"
The State of Louisiana, upon informa-
ton as aforesaid, represents that the region
of country or land through which said com
pany purposes to construct said canal be-
longs to the State of Louisiana, and that
she would be greatly damaged should the
said persons be allowed to construct said
canal, or any portion thereof. That it
would not only be an unwarrantable tres
pass upon the public lands of the State and
a general disregard of her sovereign au-
thOrity, but an absolute destruction of the
property and interests of the State, to al
low the construction of said canal in viola
tiOn of law, and without the semblanee of
legal right. That the damage would largely
exceed five hundred dollars.
Wherefore, the State, through her proper
officer, the Attorney General as aforesaid,
prays that writ of injunction issue herein.
and that the said company be enioined and
prohibited from constructing said canal, or
in any manner exercising any right that
may be claimed under said act of 1865, in
the construction of said canal, purchasing
land, or IN any manncR whatever doing act
hereunder.
In conclusion, she prays that injunction
with petition and citation be served upon
H. I. Burgess, President of said company
In the city of New Orleans, the domicil of
said company, as required by law, and after
due and legal proceedings had, she prays
that there be Judgment in favor Of the
State, maintaining the allegations
First-That said act of 1865 is violative
Of the constitution of this State of 1864.
Secondhand any rights that might have
been granted under said act have been for |
teited by Noncompliance with conditions |
thereof, and that no rights can now be ex-
eretsed hereunder; and,
ThiId-That said act of 1865 has been re- |
lealed by the act OF 1867, referred to in this |
She prays that the Injunction be made |
perpetual, with costs against defendants, |
IND for general relief in the premises
SIMEON BELDEN,
ttOrneY General of the State of Toiiisiana l