The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-03
THE LEASE OF THE WHARyES.

In the wharf difficulty there are no nev
developments, and matters are in statu quo
and will remain SO for four or five day
longer, when the city will be called on, unde
the lease, to make a final delivery of tn
wharves to b. E. Ellerman, or show the rea
son why the delivery should not be made.
1t is nice muddle. Until the formal de
livery takes place, and the work to be per
formed on the wharves is pointed out, TIL
city will not have completed its part of thu
contract, but Mr.. Ellerman will no doubt cal
on the city to do SO when the fixed time ha,
expired. The writ of prohibition comes il
then, and it remains for the Administrators
either to disregard the writ and make them
selves liable for constructive contempt
of an order of the Supreme Court and the city
liable for damages to Van Houten, or obey
the writ and take steps to annul the lease and
make the city liable to Ellerman for damages
Mr.. Ellefman is now in virtual posses
sion of the wharves, and is collecting the
revenue.
The following, published in the Picaylne
IS a card, is given as bearing on the matter
As certain articles recently published in
some of the city journals are incorrect, and
are calculated to do nae great injury and
damage, respectfully ask you to insert the
following corrections of the most material OF
those errors.
When the rule taken to dissolve the injunc.
ton granted by Judge Hawkins in Van Hou-
tons case came up for trial. SO soon as the
nature of the case was presented, the Judge
at once dissolved the Injunction. On Tues
day, the Goth, the counsel for Van Houton
moved for suspensive appeal This the
Judge refused to grant There was at that
time no order of court which prohibited the
City Council from acting.
At the usual hour on that day, the regular
day for the meeting of the Council, the matter
OF the lease of the wharves was taken up and
the contract awarded to myself as the lowest
bidder, offering to pay off the debts of the
wharves for the revenues in the shortest time
The contract was signed and / was formally
put in possession of the revenues of wharves
according to the contract, and at once COM
menced collecting the revenues, which have
continued to do ever since. Subsequent to
all this, Van Houton obtained from Judge
WHY, OF the Supreme Court, an order prohi-
biting the City Council from executing the
ordinance to lease the wharves.
As will be seen from the above, the act pro-
hibited had already been consummated before
the prohibition was made, notice of which
was not served until more than day after.
now hold the lease of the wharves bv con-
tract valid in all respects, made by the city
under full authority, and am advised by my
counsel that there is no power in this land
that can legally divest me. The was no
discussion in the City Council on Thursday.
July LIST, inst, as to the delivery to me
of the revenues of the wharves, for
this had been done before, nor has
any correspondence passed between myself
and the Council upon the subject I simply
called upon the City Surveyor to give me an
inventory of the staging. plank. spars, etc,
belonging to the city. was to receipt to the
City Surveyor under the ordinance. have
been informed that there is very little, if any
thing. of that description to be inventoried.
All the foregoing has been done under the ad-
vice of the City Attorney. and feel war
rsnted in saying he has not changed his
opinion. HENRY ELLERMAN.
Maradan,s Zarsanaxilla for nricklY heat.