New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-19

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AZ. ApprOpriating the sum of $3.50 to take
up the only voucher under joint resolution
OF 1871, known as act No. 81, apprOpr1ating g
the sum of $3.50 to reporters.
49. Appropriation to pay Hon. John Ray
for services as United States Senator in
1873, $l566; provided that payment is not
made by the federal government.
50. Appropriation to pay the East Felici-
ana Tribune and Dunn Leader for printing
the laws and delinquent list of East and
West FeGciana in 1873, and sales of prop
erty bid in by the State under act No.
AZ of 1873, $4,000 each, $4,000.
81. Appropriation to pay school board,
parish of st. Charles, for warrants de-
stroyed by fire, 5000 IS.
50. Appropriation 10 pay w. H. Michel
for services rendered, session OF 1872, S420.
50. Appropriation to pay L. c. Lewis his
salary as parish judge Of Union parish, bal
ance due him-Sl0O0.
81. Appropriation for the purpose of
completing and perfecting the work already
done under act No. Sc of 1873, $4,000; pro-
viding the work is done under the direction
of the Chief State Engineer.
So. For the erection of the charity hospi-
tai in the town of Shreveport, $4,000.
SO. To pay Blackburn's Homer Iiiad for
publishing House Journal of 1871, as per
voucher approved by Auditors attorney
ana allowed III AuQlCOr d report, lSI 4, Cno
sum of 5000.
AS will more fully appear by copy of
the said act, which is hereto annexed and
made part hereof.
Now, your petitioners aver and allege
that each and every one of said items above
enumerated are passed in violation of the
provisions of the constitution of the State,
and are in excess Of the revenues derived
from all the taxable property within the
State for the defraying of the expenses of
the general government; that each and all
OF said items OF appropriation and pre-
tended claims are without any legal or equi
table consideration given to the State there
for, and operate and are Intended as a
donation to the respective parties and cor
pOrations in express violation of the consti-
tuition and the laws OF the State and public
policy.
Petitioner further represents that many
of the items OF appropriation contained in
the foregoing petition are vague, uncertain
and not specific, and therefore in express
violation OF act No. 104 of the constitution.
Petitioner further represents that 1t is to
the interest of the State and its bona fide
creditors that the said parties and corpora
tions in favor of whom the Legislature has
attempted to make such exorbitant, uncon-
stitutional and illegal donations should not
be paid their respective amounts or any
part thereof, and after due and legal pro-
ceedings each and every one of the said
items as set forth in this petition in
detail should be decreed unconstitrl-
tonal. null and void, and that Charles
Clinton, Auditor of Public Accounts,
should be enjoined and restrained from
auditing or issuing any warrants or
other evidences of Indebtedness in favor
Of either OF said parties or corporations
or their assignees, or issuing any warrants
or evidence of debt to any party or corpor-
alton on any of the items fully set forth
in this petition, for the amounts allowed
them by the provisions Of said appropria-
ton, or for any. part or portion thereof.
And that Antoine Dubuclet, State Treasu-
rer, should likewise be enioined from pay
ing any warrant or certificate of indebted
ness which may be issued in favor of any
of the parties or corporations, or their as
signs, or paving any Indebtedness or evi-
dence Of Indebtedness which may be pre-
sented as having been issued under the
provisions of any Ole of the items set forth
IN this petition.
Wherefore, the premises considered, the
State being dispensed from giving bond
and security, your petitioner prays that
writ of injunction do issue, directed to
Charles Clinton, Auditor of Public Ac-
counts, enjoining and prohibiting him from
auditing and adjusting, or issuing certih
Gates or warrants or other evidence Of in
debtedness in favor of any party or parties.
corporation Or corporations, or their as
signs, or issuing any warrants, certificates
or evidences of Indebtedness under any
provision of the appropriation bill, as set
forth in this petition.
And that Antoine Dubuclet. State Treas
urer, be enjOined and prohibited from pay
ing any of the warrants and certificates, or
any other evidences of indebtedness which
may be issued by the Auditor upon any of
the items of appropriation set forth in this
petition. And that both of said parties be
cited to answer this petition, and after due
and legal proceedings had, the said injunc-
ton may be made perpetual, and that there
be decree in favor of the State, adjudging
each and every one of the appropriations
as set forth in this petition to be unconsti-
tutional, illegal, null and void, and no debt
to be paid by the State, and for costs and
for all general and equitable relief, as your
petitioner will ever pray.
A. p. FIELD, Attorney General.
The foregoing petition is indorsed by
Judge Hawkins, as follows:
Let an I'M junction issue as within prayed
for, without bond, the State being dispensed
from giving the same. against Charles
Clinton, Auditor, and Antoine Dubuclet,
State Treasurer.
JACOB HAWKINS, Judge.
March Is, 1874.
James Stafford vs. city of New Orleans;
city of New Orleans vs.. james Stafford
Rules continued to twenty-tirst instant.
Crescent City Gas Company VS.. New Or
leans Gas Company.-Exception and answer
of defendant to petition Of Intervention of
the State, alleges: First, that the State is
not entitled to intervene, that no wrong
done is disclosed. Second, That petition
by the Attorney General for the same pur-
pose was filed in the Eighth District Court.
That there was judgment and appeal, and
the petition of the State dismissed, where
fore defendant pleads res judicata. Third,
That the rights conferred by the acts of 1885,
lSi5, 1854 and 1860 are vested rights,
under which defendant has become
possessed of property to the value Of
$3,00O,0O0. Fourth, that these acts are con-
tracts between the defendant and the city
of New Orleans, and the State is without
power to pass any act impairing the Obliga-
ton of the same. Fifth, that the act incOr-
porating the Crescent City Gaslight Com
pany was never legally approved and pro
mnl gated, the Governor having altered 1t
after it had passed from the control Of the
General Assembly by the introduction of
new corporators Sixth, that the terms of
said act create monopoly contrary to the
constitution of Louisiana; that it creates a
privilege in violation of the equal rights of
the citizens of the State, and that it violates
the constitution OF the United States.
Exception and answer of defendant to
Intervention of the city denies cause of
action, recites the acts of Incorporation and
affirm their validity; that it has a contract
with intervenor to perform the duties under
the said acts: that by ordinance No. 5439,
Leovy's Digest. the defendant was required
to proceed with the LAYING down Of gas
pipes, under the act of 1860; pleads the acts
of the Legislature and acceptance by the
city: that the rights are vested and can not
be impaired; and denies
that the plaintiff is corporation.
Georgs Woods vs. New Orleans Gaslight
Company, State of Louisiana ct al, inter-
and answer of defend