New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-17
COURT RECORD.
.AruHpAY, AUGUST l6, 1873.
Samaritan District Court.

Superior District CO"ft'
The following petitions were FLED Ills
day: ~.
To the Hon orable the Judge of the Superior us
tr1ct Court fer the Parish OF orleahs
The petition of the State OF LoulslaEa'le-
snectfutly represents that by virtue OF acts
Nos. III and 23l of the Legislature OF 1922
the State issued it's bonds of $1,000 each,
having forty years to run from their lssue'
hearing Elk per cent interest per annuln'
with semi annual interest coupons attached
TO the extent OF $751;, 900 to the New VI
leans. jackson and Great Northern Kali
road Company for an equal amount OF 'ne
stock Of said company, TO wit: 3o,3oo shares
of s25 each; which stock, by the terms OF
said acts. and especially section six OF the
act No. 23l of 1853, was held by the State,
with its revenue specially reserved and set
apart for the payment of the principal and
interest of said bonds issued under the
provisions of said act. and which amount OF
stock. under the law aforesaid, amounted
to one fifth Of the capital stock OF SAID cor
poration.
Petitioner further represents that, ny an
Illegal combination. law was attempted W
be passed and did pass the Legislature OF
this State at the extra session Thereon lor
the year 1870, being No. rs of the acts bear
mo the approval of the Governor on the
first of April, 1870, the title of which was
IAN act to authorize the sale OF the stock II
the New Orleans, jackson AMI Great
Northern Railroad Company held by the
State of Louisiana and the city OF New W
leans" which act petitioner alleges 10 oe
null and void and in violation of the constl-
tuition of the United States, being IN viola
ton of the contract of pledge and reserya-
ton as hereinbefore set forth. ANA under
the provisions of said acts Nos. III and 23l
of 1853, bv virtue of which bonds We're
issued by the State and city OF New Or
leans for the stock thus authorized 10 oe
sold, and for the payment Of the principal
and interest of said bonds.
Petitioner further alleges that notwith,
standing the illegality and nulllty OF sald
act. Henry c. Warmoth, then Governor OF
this State, did make q sale OF said 3o,3bO
shares of stock in said railroad company,
being one entire fifth of the capital stock
thereof, and at par value of S25 per share,
or the sum Of $751;, 900, for the sum OF
sl4l44O, or at the rate of 81 per share, to
one Henry S. McComb; and for the pay
ment Of which sum into the treasury,
warrant or order, No. 1892, was issued on
the twenty-tirst of April. 1870, to ii. Z.
War1noth, Governor of Louisiana. on ac-
count of said sales, tn wit: For 81, 500 shares
at S. per share, or Sl4l ,4i0, which amount
purports to have been paid into the treasury
on the the twenty-firsy of April, 1870.
Petitioner further alleges that had said
act been by law, and had said sales been
legal then the said proceeds should have
been reserved and used for the redemption
of the State bonds issued by the New Or
leans, jackson and Great Northern Rail-
road Company, and was by the very
operation Of law so reserved and set apart
That, Notwithstanding said right OF pledge
and reservation under the original contract
as set forth in said acts Nos. III aud !3l of
1853. in favor of the holders of said bonds,
issued as aforesaid. and notwithstanding
the said reservation and setting apart OF
the proceeds arising from the said sales and
the actual reservation and setting apart
thereof for the purposes and objects atore-
said, the Treasurer of the State, Antoine
Dubuclet, on the said twenty-frst day of
April, so. as aforesaid, the very day on
which the said sum of Sal, 440 was paid
into the treasury of the State, did pay out
the same, as if the same did not belong to
the holders Of the bonds of the State"
issued to said railroad company for its
stock, unto the holders of warrants on the
general funds in the treasury, to wit: First,
check No. IS to II. G. Warmoth. the amount
S13,473 81; second check, number ninety
six, to w. W. Howe, for S33976 81; third
check, number seventy-seyen, for Sl2l9 a,
and sixth check. number eighty. for
$1,000 90. in all $32iy IA to James Ora
lam. IEtu lUc AuuitOI VI tut CtdAt, loNl ttl
check, number seventy eight, for Sll00
TO John Demorest: fifth check, number sew
enty-nine. for $7g35 to himself, the said
4. Dubuclet, and smaller SUMS to various
other individuals; in all amounting to
$lil.3 1853 AZ and all which above named
parties knew that they We're receiving the
funds arising from the sale of the said stock;
that it belonged to the holders of the bonds
issued by the State as aforesaid to said
railroad company and that the warrants
they held and for which they received said
SUMS were not entitled to be paid out of the
said funds, but only out Of tie
general funds, aad that the said
Duhuclet should replace said amount Of
Sal ,440 to the credit of a fund for the re-
demption of the said bonds issued by the
State to the New Orleans, jackson and
Great Northern Railroad Company, for its
stock as aforesaid, and to be paid out by
him only for the redemption of said bonds.
Wherefore the premises considered, Pc
titioner prays that said Antoine Dubuclet.
Henry C.. Warmoth, w. w. Howe. James
Graham and John Demorest be cited to an
swer this petition, and that, after due pro-
ceedings, there be Judgment against them
each for the sum set forth in the foregoing
petition as received by him, and against tie
said Dubuclet, Graham and Warmoth. II,
SOiidO with each of them, and for Sal, 440,
and Tor interest at six per cent on said
sums respectively, AS against each Of said
defendants, from the twenty-frst day of
April 1870, and that the same be paid into
the treasury Of the State, for the use and
privilege of the holders Of said "bOnds,' is
sued by the State to the New Orleans,
Jackson and Great Northern Railroad Com
pany, or as may hereafter be by judgment
of court directed, and petitioner prays for
costs and all general relief.
TO L g Honorable 'he Superior District Cour. for
the Parish of Orleans:
The petition of the State of Louisiana re-
specially represents that by virtue of an
act Of the Legislature. approved February
%, 1866, No. II, the Governor of the State,
by act before I. O. Starck. notary public,
dated sixth of March. 1866, leased unto
Richard Taylor, then of this city, now all
sent from the State, but represented herein
by Duncan +. Kenner. the property of the
State known as the New canal and the shell
road belonging thereto, and such other APP
pOrtenances and property as thercuntO be-
longed, fully described in said lease, for tie
space and term of fifteen years from the
fifth of March, 1885, ending on the fourth
of March, 1881, for annual rent as specified
in said lease, commencing with the sum of
$4,000 for the first year, payable on the
fourth of March, 1867; $37, 900. payable on
the fourth of March, 1868; $4,000. payable
on the fourth of March, 1863; 1000, pay
able on the fourth of March, 1870: $4,000,
payable on the fourth of March 1871;
$4,000. payable On the fourth of March,
1872: i4,000, payable on the fourth of
March, 1873; $4,000, payable on the fourth
of March, 1874; $4,000, payable on the
fourth OF March, 1873. and SO on, increas-
ing ir1egularlv according to the terms of
said lease. to SS5.000, payable on the fourth
| of March. ISL, none of which sums of rent
have been nald though said Richard TAYLOR