New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-23
THE COURTS.

Company against the city, in the Seventh
District Court, was yesterday decided by
Judge Collens against the city, damages
being laid at $34, 42S.
In his decision the judge reviews the
perpetual charter of the company and the
rights it conferred by running through the
streets, besides giving the ordinance IN
ertenso, from which the company derived
their right to use the building known as
the Pontchartrain depot, which lately stood
at the head Of Elysian Fields street, but
which was demolished by the city under
Mayor Flanders administration. For the
demolition Of this building the company
brought suit to make the city responsible.
The Judge construed the act of the city in
revoking the grant of 1889 to the company,
and the act Of the Mayor in removing the
structure, as having for its object to make
way for the Chattanooga Railroad Com
pany, to which the right Of way on the
street and sidewalk had been granted by
the Legislature and Common Council.
In deciding in favor Of the company the
judge CONSTITUTES the subsequent operations
as follows:
For every other purpose of public con-
venience, a stricter watchfulness on the
part of the police and a little paint would
have sutficed to do jnstice to objections
made. so far as they were we'll founded.
The Mavor and city Administrators, how
ever, resolved upon extreme and extraOr-
binary measures, evidently dictated by a
desire to favor the Chattanooga railroad,
which it would seem they considered to
have a meritorious claim to the sole use Of
the public street for a railroad track.
To effect their purpose, not only OF clear
ing a way for the Chattanooga railroad,
but of giving the use of the street at that
place to it alone, and in preference to the
Pontchartran road, they, on July y, 1870,
passed an ordinance repeating the consent
and uses they had accorded by the resolu-
tons of March Is. 1880, recited above.
They at the same time declared that the
public convenience required the space de-
scribed wiz the strip of twelve feet on
each side of the private property known as
the Marigny canal), and that the further
appropriation of that space in the manner
specified was inconvenieDt to the public.
Thereupon the Mayor gave the Pontchar-
train Company notice of this repeal and re-
vocation, and that If the Instructions on the
banquettes, declared free to the public by
the passage of this ordinance, are not re-
moved within ten days, 1.-THE Mayor will
proceed to their removal, etc.
On the receipt of this notice, the Pont-
chartrain Company claiming the perpetuity
and irrevOcability of their right of way, and
also of the right of having their depot re-
main as it stood, obtained an injunction
from the Eighth District Court forbidding
the Mayor and other city officials from
making the threatened removal
At first they complied with the injunc-
the Eighth District Conrt, and prayed for a
Judgment of that court dissolving the in
junction in toto or in part but before the
suit was finally decided in any respect, and
while the injunction remained in full force,
the Mayor, without giving any other no.
tice than that which preceded the injuuc-
ton, suddenly sent $50 men and more, who,
under his orders. tore down and removed
not only portions of the depot that en-
croached on the public way but the whole
fabric, etc, situated on the private grounds
of the company.
The buildings and other property de-
stroyed were worth at least SAG. 900.
Z In the Fourth District Court several more
suits BY the heirs of John Slidell, lately de-
ceased, have been instituted. The defend
ants are Joseph Kellar, E. NJ. HoughtOn,
John Stack and Patrick Conner. These
suits are for the recovery Of the property
to John Slidell. subsequently cOnfscated by
decree of the federal court, then sold by
the marshal, from which sales the defend
ants derive their title. Far as can be ascer-
tanned, the heirs of Slidell now seek recOv-
cry On the ground that contiscation does not
work corruption of blood. These suits are
by far the most important of any that have
been brought in the civil courts for years.
The reporter has heard it stated that the
Supreme Court of the United States is the
tribunal which must ultimately determine
these several actions, and that defendants
are already casting about for preteXts to
transfer the same To the United States court.
In some cases it is not the owner that is
sued, but the tenant or one in actual posses
sion. Claims are also made for rent and all
fruits. and the final prayer in each case is
that the heirs be recognized as the owners
and proprietors of all the properties, all i'm
provements, appurtenances and belongings.
The reporter will publish a list Of the prop
critics claimed. wherein the heirs set up that
each defendant is ''wrongfully in posses
SION
Proceedings against the steamer Bradish
johnson were discontinued, as far as certain
libelants We're concerned.
Proceeds OF sale of the schooner Lizzie
Bell, amounting to $4,000, were yesterday
ordered to he distributed among the libel
ants.
Suits by the United States in the Circuit
and others, Charles Christy, McGary & Co.,
and {. Espenan, on CustOmhOuse ware
house bond for duties still owing on i'm
ported goods.
In the case of J. H. Douglas against W..
the court ordered that in default of bond
the Injunction be dissolved; further, that a
feigned issue be framed and tried on the
common law side of the court.