New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-19

Huns0ker and Todd authorized their sigma
lures. They only say that third party
proposed to ask for them, and that they
were not disavowed. But this one nights
work related only to the State officers, and
these tabulated compilations were
ready to their hands. How had they
been prepared? a person named O. D.
Bragdon, named as secretary to Governor
Warmoth, was appointed assistant secre-
tary to the Hatch Wharton board. In
that capacity be received the election re-
turns on the fourteenth of November,
1872; he was appointed "an expert to as
sist in the investigations by the De Ferret
board, and on OF about the tenth or
twelfth Of December. 1872, turned over
the returns to the Forman-Mitchell board.
It appears from his somewhat costise tes.
timony before the Senate committee that
this expert" secretary held the custody
ofthese returns for nearly . month. Dur
ing this period he was '.making" the
calculations" and completed them fos
delivery 20 the Forman-Mitchell board.
Nothing was necessary then on that mo.
mentous night but to receive the
additions Of the expert. and this with the
efficient aid Of Messrs. Hill. Richardson
and Oevereux was easily done. while those
siuggards, Todd and Hunsaker. were
asleep. IN regard 70 the district and par.
ish officers there seems less disagreement.
The atlantis say that Thomas left tie city
''sooa after the memorable night. and
that they never ''met o. participated in
any canvass Of returns afterward.
Messrs. Forman & Go. state that :mme.
diately after the canvass and compilation.
completed 90 the twelfth. it was published
on the thirteenth Of December:
5. NJ. Thomas went home to Bossier par.
ish, and Todd and Hunsaker deserted to
the BayOnet Legislature. Thomas, having
refused to act any further as Q returning
officer and abandoned his post, a meeting
was held at which was present s. NJ. Todd,
Archibald Mitchell and B. X. Forman. and
they elected F. 4. SOuthuayd 20 fill tue
place Of Mr.. Thomas.
As the atlantis declare that they nere.
participated after the twelfth Of Decem.
ber-as Thomas went home 10 Bossies
parish-it would seem difficult to explain
the election Of Southmayd to fill vacancy
where there seems no resignation. These
are immaterial points. The whole cues.
ton is whether the certificate of election
given and published Of the State officers
and representatives ever received the au.
thorized signatures Of Messrs. Todd and
Hunsaker Here is the issue OF veracity.
We await the proof. The burden is GER
tainly upon those who Sc. up the sigma.
suree
THE RIGHT OF PEACEABLE POSSESSION.
It was stated several weeks ago that the
Ca,rollton railroad had Sc. up a claim as
owner, in fee, Of the neutral ground on
So. Charles avenue, on the plea that it
had been in peaceable possession of the
same for more than thirty years. =: first
this was regarded in anything but {. seri.
Gus light. as it was believed to be some.
thing Of a stretch Of the laws of prescrip-
ton to apply them in such case. The
use of this strip Of land was given TO the
company, and no doub. by proper acthor.
ity, for term Of years. the conditions be-
ing that the company should construct
and maintain 4 roadway for travel,
supplying all materials. such as
iron, crossties. rolling stock, motive
power, labor. etc. The company and the
constituted authorities then entered into
! sort Of copartnership. One party was
70 furnish the land and guarantee the
light Of way. and the other the necessary
The duration Of the con-
:ract was limited by the terms OF the grant,
ss the expiration Of which each vas to re-
,eive his own again. It does not appear
hat thirty years has elapsed since the ex-
oirat!0n Of this contract without any at |
e.np. being made On :ho part of the city !
o reclaim its PROV arty. The city is not |
4 the position Of one who has slept on
lis rights fot thirty years and then sud-
lenly wakes up to find his claim barred |
" the prescription of thirty years. Dur.
ng the existence of the charter
was not proper no. competen. for the
ity to take any steps to disturb the pos.
essor in the enjoyment Of the privileges !
ranted SO long as its terms were complied
18th. As well might the lessee O. a piece
f property rented for ninety-nine years
ct up such plea as that now fled by the
'arrollton Railroad Company in the Supe.
ior District Court. During the thirty
ears or more that they have been in pos.
ession OF st. Charles avenue. they have
ED merely as 1essees. or grantees for q
me stated. During all this time they
ave been working under the terms Of the
rant or charter, and complying with its
equirements daily. At no time since has
lie city ceased to exercise the same juris.
lotion over this roadway thatit does owe,
ny other street given up temporarily for
.ilway, such as establishing the grades,
eeping in repair. ETC., and requiring that
:ossings be kept open for the convenience
lateral travel. |,
1t is generally conceded tia. the city
overnment does not possess the power to
ienate the right of property in the pub.
streets, and its grantees can no. de-
We from it any rights which i, does not {
self possess. The privilege Of main s
lining their road and running their cars