The Ouachita telegraph., 1872-06-08
The Supreme Court on the Claim for I'M
proving the Navigation of Bayou
Bartholomew.

tuS Nlt VI biyOu
Bartholomew.
1t will be seen from tho following,
in the matter of the State, upon the re-
lation of Livingston and Guthrie
against the State Auditor, that while
; the majority Of the court hold the claim
to be valid, Justices Howell and Wy
ley dissented, and the latter pronounced
the claim a fraud:
On rehearing-This suit was orig
inally brought in the Eighth District
Court, to compel, by mandamus, the
! issuance to REALTORS, $50, 900 in warrants.
They claimed to have entered into q
contract with the Board of Public
Works for the improvement of the
navigation of Bayou Bartholomew, at
the stipulated price of Sis, 700, under
act 50 of 1870, making an appropriation
for that purpose.
1t seems that warrants to the extent
of $5S, 200 were issued to them, and for
the balance ($6O,OOO) they applied for
the rnandamus. In the court below
judgment was given in their favor, and
on the appeal the Supreme Court re-
versed the decree. Subsequently a re-
hearing was granted, resulting in q
remanding of the case, as Will be seen
from the following:
Justice Howell delivering the opin-
ion of the court says:
After further examination Of this
case, 4 majority Of the court arc in
favor i'll the interest Of justice ofrclnand-
ing this case for the purpose OF taking
proof as to the amount Of the State debt
at the time this contract was made.
1t is therefore ordered that the judg-
ment heretofore rendered be set aside,
that the judgment of the lower court be
set aside, and the cause remanded for
a new trial. .... -.... -.
Justice. Howell dissented from the
opinion of the court on the grounds eX-
pressed by him at the first trial.
Justice Wyley disscnts rs follows:
adhere to the former decree render
ed in this case. ....
The main ground set up in the peti-
ton and brief for rehearing, was that
the contract was made long proir to
the 10th Of December, 1870, and the re-
latOrs pressed the court to remand the
case, in order to give them an oppor-
tunity to prove it.
] object to granting the rehcaring,
and I now object to rcmanding the
case, because REALTORS are prccludcd by
their judicial admissions from showing
that they made the contract prior to
December 10, 1870. In their petition
we find the following allegation, which
no court can ever permit the REALTORS to
contradict: ....
'sPetitiOnerS aver that under and ac-
cOrding to the provisions of said above
recitctl act, they contracted with the
Board Of Public Works, which contract
was entered into between these petit
tioncrs and the Board Of Public Works
n tat of 1 I,n,
10, 1870, a duly certified copy of which
is attachcd.''
On December 10, 1870, the cOnstitu-
tional amendment limiting tho State
debt to S25,0O0, 900 was in force. AS Il
matter Of history, the court took notice
that the Safe debt at that date largely
exceeded that sum.
I do not believe the rclators ever
made Il valid contract for tho work;
not a single requirement for letting out
and making the contract according to
act s, 1870 seems to have been complied
with.
From the short time between the
making of the contract and the rcccp-
ton Of tho work by the State Engineer
(only about thirty days), I do not be-
licvc that 5000 worth of work was
done to improve the navigation Of Bay
on baItHOlOllc".
I regard the case rs having no merit
whatever, and L will add 1 believe the
whole claim is fixed up job to dcfraud
the State out Of a large sum of money.
Act No. SO, to improve the naviga-
ton of Bayou Bartholomew, never au-
thorized contract to exceed $4,000.
l regard the contract for s11S,O00 for
that work as a deliberate fraud upon
the State. I therefore object to remand
ing this case, and I respectfully dis
sent from the judgment to that effect.
a writer in Good Health, touching
upon the topic of home conversation
truthfully remarks that children hun.
ger perpetually for new ideas. They
will learn with pleasure from the lips
of parents what they deem it drudgcry
to study in books; and even if they
have the misfortune to be deprived o.
many educational advantages, they
will grow up Intelligent if they enjoy
in childhood the privilege of listening
daily to tho conversation of intelligent
people. We sometimes sec parents
who arc the life of every company
which they enter, dull, silent and unin
tercSting at home among their children