New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-30
COURT RECORD.
MONDAY, DECEMBER 90, 1873.
Superior District Court.

superior District Court.
The following petition was filed in this
court:
To the Honorable the Judge of the Superior Dis
trict Court:
The petition of the commissioners of the
New Orleans Park, a body polite created by
and under an act of the Legislature enti-
tied IAN act to establish public park for
the city of New Orleans, and to provide
means therefor" being No. 81 of the extra
session of 1870, and approved March l6,
1870 of which body Andrew w. Smythe is
president, respectfully shows
That under the provisions of said act the
city of New Orleans has imposed, levied
and collected an annual tax of one-eighth
of one percentum on the assessed value of
all the real, personal and mixed property
which has been taxed by said city for any
other purpose, and has done so since the
passage Of said act
That the said city of New Orleans,
through her officers and agents. has col
lected very large sum of said tax. to wit
upward of S500,O00; that the said city Of
New Orleans has wholly failed and neg
lected to do her duty as set forth
the amounts collected for said tax to the
commissioners of said park, in accordance
with the provisions Of said act: that on the
contrary, the said city of New Orleans,
since the first day of January, 1873, has
wrongfully and tortuously converted to
her own purposes, other than those en-
braced under the said statute, of said funds
the sum of $l94, 1886, as by her own accounts.
vhich petitioner will cause to be produced
nc the trial of this cause, will more fully
ear. Now your petitioner further
''N' s that Louis A. Wilt. during the
and q aforesaid has been Mayor of said
- Robert Brewster, Administrator of
l,;a | II. +. Sturcken,. Administrator of
3 N''" acnts; B. NJ. Turnbull, Administra-
-, ont Commerce.; Charles Fitzenreiter,
- at traitor of Public Buildings and
and orks; Louis Schneider, Administra-
hp "A FINANCE; John Calhoun, Administra-
; ,ow Sublic Accounts, and James Lewis,
- nistrator of improvements.
: Lat in violation of the rights
petitioner and in cOntravention Of
Jaw, and especially in direct violation Of
section fifty of the charter of said city, the
said Wilt. Brewster Sturcken, Turnbull,
Fitzenreiter, Schneider, Lewis and Calhoun
have, each and all of them, joined with,
aided, abetted and assisted the said city of
New Orleans in diverting the moneys of
said particular and special fund to other
purposes than that for which said special
fund was originally intended, as aforesaid,
and for their said otfense are bound in
solido, with the said city of New Orleans,
for the full amount of said moneys so d.
verted, and are liable to petitioner therefor.
Wherefore, petitioner prays for citation
to all of the parties above named and men
toned, and for judgment against said city
of New Orleans, and against said Louis A.
Wilt. Robert Brewster, H. F. Sturcken, B.
NJ. Turnbull, Charles Fitzenreiter. Louis
Schneider. John Calhoun and James Lewis,
in solido, for the sum $780,, 1886 and interest,
from the time Of said illegal appropriation,
as shown by said account and for all costs.
And petitioner prays for general relief.