New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-17
COURT RECORD.
THURSDAY, OCTOBER l6, 1873.
superior District Court.

that all the allegations in their original pc
tition are true and correct, and in addition
thereto that there are now in the hands Of
certain persona, to petitioner unknown, GER
tain bonds issued by the New Orleans. Mo
bile and Texas Railroad Company, or by
its predecessor, the New Orleans, Mobile
and Chattanooga Railroad Company, OF
$1,000 each, bearing interest at the rate
of eight per cent per annum, payable semi
annually, with interest coupons at
tached, having forty or fifty years to run,
issued about the first of July, 1871, and
subsequently numbered consecutively from
one upward to the number of seven hum
dred and fifty. or more, and bearing on the
back of said bonds the printed guarantee
of the State of Louisiana for the payment
of the principal and interest should said
company fail to pay the same, the said
bonds purporting to be thus guaranteed by
the signature of the Governor thereto, I'M
der the provisions of act No. 26 of the Leg
islature, approved February II, 1869, and
bearing mortgage on the road and rolling
stock of said company, subject to no other
lien or privilege than first mortgage of
$l2,500 per mile, which said corporation
had, under the provisions of said act, the
right reserved to make Issue.
Petitioner further AYERS that one OF the
conditions by which the State could be
called upon to guarantee the payment Of
said bonds, and the interest thereon, was
that section of forty miles of said road
should be completed within twelve months
of the survey and location of the road from
the west bank of the Mississippi river to
the boundary line between the State of
Louisiana ard the State of Texas, which
time expired on the eighteenth of January,
1871, and to the Sabine river on the eight
| eenth of January, 1873, at which times
said section of forty miles and said road
to the Sabine river respectively were
not completed, and that by the terms of the
law authorizing the guarantee, none of
| said second mortgage for or upon that por-
| ton of said main line of railroad not con-
structed within the time limited shall be
| guaranteed by the State of Louisiana"
| That any guarantee by the Governor of the
| State of Louisiana of the payment Of tue
principal or interest of said second mort
gage bonds of said railroad company was
obtained by Misrepresentation, fraud and
| cOliusion, and by reason OF the premises Is
absolutely null and void and of no effect so
far as the said guarantee is concerned or
| the liability of the State Of Louisiana there
| for, and to the full extent of the bonds 30
| Endorsed and guaranteed.
Petitioner further represents that 1t is
represented that the first and all subse-
! quent Endorsement guarantees OF said bonds
we're made, or pretended to be made, under
Joint resolution No. "a, approved April Is,
1871, which purports to authorize the in
! dorsement and guarantee of said bonds by
the State, whenever ssid corporation shall
| from time to time complete ten miles of lis
road in the manner provided for in the act
originally authorizing their Endorsement
| and guarantee, which provision of said
Joint resolution is in violation of articles
| ia and lis of the constitution of the
State, and renders especially illegal, null
and void any such Endorsement and guar
| antee of said bonds above the first five
hundred bonds, and that the entire lndOrse-
ment and guarantee OF said bonds is
in violation of the third amendment
| to the constitution of the State lin
iting the State debt to s25 1000, 900; that
the failure of said company to complete the
said first section of forty miles OF said main
| line of railroad west of the Mississippi
river within the time fixed in said contract
absolved the State from all obligation tC
indorse or guarantee said bonds, and thai
the subsequent enactment OF said joint reso
| luton No "a was an attempted increase o.
| the State debt in violation of said constitu
| tional amendment, and in a sum exceeding
! 100000, without providing any means FOL
| the payment of the same, in violation o.
article Ill of the constitution of the State
Petitioner further represents that the
Auditor of the State is issuing bis warrants
and the Treasurer is paying the coupons OF
| said bonds out of the funds in the State
Whereupon petitioner prays that thi
supplemental petition be filed, and that thu
said Charles Clinton, Auditor, and Antoine
Dubuclet, Treasurer, be enjoined from war
ranting for or paying any of the coupons o
bonds Issued by the New Orleans, Mobll
and Texas, or New Orleans, Mobile an(
Chattanooga Railroad Company, know
as second mortgage bonds, the same as de
scribed in the foregoing petition; and pet
TONER further prays that after all due pre-
ceedings this Injunction be made perpetual
and for general relief.
A. P. FIELD,
Attorney General;
j. Q. A. FELLOWS,
JOHN.B. COTTON.
State of Louisiana vs. the New Orleans
Mobile and Texas Railroad Company.-Th
supplemental petition of the Attorney Ger
eral on behalf of the State of Louisians
plaintiff herein, respectfully represent
that, in addition to the original and SUI
Elemental petitions filed herein, the allegi
lions of which are here asserted to be true
the said New Orleans, Mobile and Texa
Railroad Company, through its agent, s. 4
Scranton, or other agents, are about to II
} move the rolling stock, locomotives, cars
etc., and other material now on the Yves
bank or side of the Mississippi river, acros
said river and from the State of Louisiana
and to thereby wholly or in part devasuat
and destitute said railroad situate
west of the said Mississippi rive
and deprive petitioner of the right
claimed in the said original and supple
mental petitions, and materially lessen tn
security which the State of Louisiana nov
has, and which for the benefit of the hole
ers and Ruarantors of the second mortgag
and other bonds of said road or corpora
tion, and seriously jeopardize the rights OF p'
titioners and deprive the State OF Louisla1
of portion of the property subject to tn
claim in the original petition; that petition
ers fear and verify believe that unless sal
railroad company be restrained, the sal
!. rolling stock, locomotives and cars will !
removed from the road and the State {
Louisiana, and that the petitioner will
:. irreparably injured thereby; that an injuD
: ton is necessary, and that the State is NJ
q required by law to give bond.
D Wherefore, the premises considered, pet
0 toner prays that the New Orleans, Mobi
/ and Texas Railroad Company and 5. /
a Scranton, its agent, and all other agents, |
/ eniOined and restrained from removing fro
6 the western division of the said railrOai
= extending from the west bank of the Mi
Y sissippi river to DOnaldsonville and beyon
0 any Of the rolling stock, locomotives car
% machinery, and other property of any kin
! OF nature whatsoever used, or such as ms
!, . be used in the operation of said road, to al
u other Mace and that after all due procee
ings this injunction be made perpetual, al
for general relief.
A. P. FIELD, Attorney General.
J, Injunction issued as prayed for witho
i bond.
q Pearce & Mathers VS.. Polycarp Fortier-
,; Petition for an injunction. Plaintiffs {
10 lege that they executed. Epril g. 1873,
s promissory note for $4,000, which was d
= counted BY defendant; that they pledg'
with him twenty city Improvement bon
of $1,000 each that said note matured
tober Is, but was not paid. October