New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-03
THE COURTS.


joining the city from proceeding under the
Fiscal Agent loan ordinance, was, with the
writ of L. II. Levy. relating to the same
subject matter, continued until Wednesday
next.
To the injunction Of Cavaroe Mr.. Alfred
Shaw made the following return:
That he or his successors will be called
upon under the contracts and revised ordi-
nances passed.
l. TO warrant for new consolidated bonds
IN settlement for appropriation certificates
retired by payment, whether OF 1871 or 1872
9. To warrant for new consolidated bonds
issued as pledge under the terms OF ordi-
nance No. 1882, Administration series, and
the nOtarIal contract hereunder.
3. To warrant for bonds, letter 2, bearing
ten per cent interest, as further pledge
under said ordinance and act, said BOMBS
purpOrting to be issued under act No 100
of 1871.
+. To warrant fos the deposit of The mar
ket revenues in the fiscal agency to the
credit of "a fund to boknown as the interest
and redemption fund Of bank loan" under
aforesaid ordinance ard act.
That he has no desire or intention in the
premises except 10 perform the aforesaid
acts ii legal. OF 30 refuse to do SO if they
be illegal.
Wherefore, and for the purpose Of having
the same and all other questions raised by
the plaintiffs, as far as they concerned this
defendant, passed upon by the court. he
says:
That the moving of plaintiffs petition
does not entitLe them to the relief or judg-
ment prayed for, deniee all and singular
the allegations Of plaintiffs petition, and
prays general relief accordingly.
The petition of Eugene Ii, Levy repre-
sents that he is the holder of certificate of
appropriation issued by the city on the
twenty-seyenth of October. 1872, for the
sum of So Is, payable TO bearer, issued
under ordinance Nc. ll5l, Administration
series, the said ordinance and certificate
being in conformity TO an ordinance
adopted by said City Council, No 8S3, Ad-
adopted February 3, 1872 No. 1885, Admin
istratiOn series.
Petitioner AYERS that he is entitled. under
the terms, to payment out of any funds III
the city treasury, or that hereafter might
come into it, and that these funds could not
be appropriated to other purposes except
under the provisions made in the certificate
and ordinances. That the city has refused
to comply with the contract, and with the
means in her possession not reserved in the
exceptions named IN the certificate, has
undertaken to appropriate the means and
funds in violation Of the above contract to
other purposes TO defeat or postpone for q
number OF years your petitioner being paid.
That he is the holder of q number of such
certificates, amounting to $Sf9 25. That
in violation Of the aforesaid obligation the
City Council passed an ordinance on the
tEenty-ninth Of October, 1872, entitled
''An ordinance directing the Mayor 10
make a contract With the Louisiana Savings
Bank to furnish certain securities" etc,
and that in accordance with said ordinance
Mayor FLANDERS contracted with the bank,
and using the funds TO enable the company
70 realize an enormous speculation the
city and Che company perpetrated a
fraud or petitioner, That the Council
had no sdch authority and the ordinance is
null and void; chat the contract between
petitioner and the city has been contracted
N violation Of the federal constitution;
that under the provisions OF the charter the
Council could not change q mere agency
liable &c revocation, into party with ir-
rovOcahlo rights in the premises; that by
the said contract with the fiscal agency the
Council has dives ted itSeIf of powers neces-
sary undeS law for the proper government
Of the city. and confers them upon pri-
Fata corporation. that the Louisiana Sav-
ings Bank, nos being $ chartered bank, can
not be elected Fiscal Agent, and can not
take from the city the control of its finances.
IhG prayer is, that the city OF New Or
ieans. Alfred Shaw. Administrator of Pub
lie Accounts. John s. Walton. Administr&-
tor Of Finance, and the louisiana Savings
Bank, be called upo2 10 answer; that city
ordinance No. 1888. and the aotarial act
passed thirtieth Of October 1872, be- de-
cfar3d null ana void; that the CITY and com
paDy pay damages ct $l0G0 that writs OF
injunction issue 10 the parties cited, direct
ing them to desist from taking any steps
under ordinance No 1882. under the nota-
rial act; that Messrs. Shaw aud Walton be