New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-11-14
raR CRY HaEI.9


Cisy xsssrssy,s Onee.
The answered thecity IL tie Crescent Cit,
waterworks case, lately fled by George s
Lacey, City Attorney, presents : most Sin
gular state Of things IN connection with tn,
laws of the State; and a. . matter of in
terest and Importance to the community
we publish copy Of the same:
Crescent City Wsterworks Company vs.
City of New Orleans-Eighth District Cour,
for the Parish of Orleans. No. 3570.-Now
before the court comes the City of New Or
leans, by George s. Lacey, CITY Attorney;
and for answer to plaintiffs petition herein
filed and served, denies al and singular the
allegations therein contained. Specially de-
MES that the pretended act entitled IAN act
to incorporate the Crescent City Water
works, to define its rights and dulles, to pun.
ish offences committed against the franshises
of said company and public health" was
legally or .constitutionally passed by the
Legislature OF Louisiana, or has, ut any
time, acquired the force Of law.
Further shows, that on or about the TWEEN.
ty-seventh day of February, 1871. . bill
having the aforesaid title, under the pre-
tence of having lawfully passed both
houses of the General Assembly of Louisi-
ana, at the session of 1871, was presented to
the Governor Of the State of Louisiana for
his signature and approval. That H. C..
WarmOth, then Governor of the said State,
refused to sign or approve the same; that
fve days. after the presentation aforesaid,
had not elapsed, before the Legislature adj
jOurned; and, that since the adjournment
aforesaid, the said body has not again as
sembled.
Further, respondent shows that the Gov
ernOr of the State of Louisiana, for good
and sufficient reasons, to be made known on
the trial of this cause, did not sign the
aforesaid bill, but has held the same, as the
law directed and permitted him to do, to be
returned to the Legislature on the first day
of the next session, with his reasons for not
signing; and that the legal and constitutional
fOrmalities for the act to become q law With
out the Governors signature or return,
have not taken place.
That, Notwithstanding the premises afore-
said, one BOvee, acting as Secretary of the
State Of Louisiana, imprudently and lille
gally caused to be published in the Germun
Gazette and State Register the pretended bill
aforesaid, signed by Lieutenant Governor
Dunn and George w. Carter, Speaker of
the House Of Representatives of the State
of Louisiana, with the intent of giving to
the said bill force and effect as law of the
State of Louisiana.
Defendant AYERS. that the city Of New
Orleans is the owner and pOssessOr Of the
Waterw0rks and the property and effects
referred to in said pretended bill. with a
complete title to the same, and can not be
deprived Of them by any act of the Legis-
lature of Louisiana; and that if it be true,
that the act entitled an act to incorporate
the Crescent City Waterworks, ETC.. did
pass. and has acquired the force of law
(which, however, is denied). that then, and
ev,$ hat sA - - -
ten. article one of the constitution of the
United States; section one, fourteenth
amendment to the constitution of the United
States; section twenty, article six, constitu-
ton OF Louisiana, adopted in 1879; article
one hundred and nine, constitution of
Louisiana, adopted in 1916; article one hun
dred and five. constitution of Louisiana,
adopted in 1852; article one hundred and
of said State, adopted in
1864, and article one hundred and ten, con-
stitutiOn of 1868, of Louisiana, and Is, there
fore, absolutely null and void.
Wherefore this respondent prays that the
herein granted may be dissolved.
and that plaintiff in injunction. and his
may be jointly and severally con-
demned to pay respondent five thousand
dollars for damages, attorneys fees, etc..
and that judgment be rendered in favor of
respondent and against the said plaintiff in
injunction, with costs and general relief in
the premises.
Governor Warmoth paid an early visit to
the Mayor yesterday, as it is supposed. to
have consultation relative to the Fire De-
partment.
Department Of Police.
The Department of Police has a surplus
Of over $4,000 on its estimate of expen.
aitures for the current year.