The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-12-18
THE LEVEE COMPANY AFTER AUDI-
TOR CLINTON. .-.
A Suit for $4,000.


The following petition was filed in the Su-
perior District Court yesterday:
Louisiana Levee Company vs.. Charles
Clinton and sureties.-To the honorable the
Superior District Court for the parish of
Orleans. The petition of the Louisiana
Levee Company, domiciled in New Orleans
respectfully shows: That your petitioner
was duly created body polite and corporate,
under and by virtue of an act of the Legisla-
ture of this State, approved on the Goth OF
February, 1871, with the powers, privileges,
franchises and immunities contained in said
act. .. -.
The said act and the acts of the Legislature
amendatory thereof, to-wit: Act No. A. ap-
proved March 6, 1873, and act No. Sc, ap-
proved March 9, 1874, form contract be-
tween your petitioner and the State of Louis
lana tor the construction, maintenance and
repair of certain levees in this State, and pro.
vide for the levy and collection of the taxes
therein mentioned, as compensation to your
petitioner for the construction, maintenance
and repair OF the ,levees aforesaid; rs the
whole will more fully appear from the clauses,
conditions and stipulatlons contained in said
acts, which are prayed to be taken and con-
sidered as part of this petition, in the same
manner and to the same extent as if specific
ally set forth and reiterated herein.
And your petitioner further shows that by
the Acts approved Feb 20, 1871, and March 6,
1873, it was made the duty of the Auditor of
| the State to assess upon the taxable property
| thereof the taxes therein mentioned, which
taxes were to be collected at the same time
and in the same manner, and by the same Of
| fcers as the ordinary taxes of the State are
collected, and to be paid into the treasury of
the State, and set apart as special funds for
the benefit of your petitioner.
rkh LIT r. L.
| terms of the act, approved March 6, 1873, it
is provided that commission of one per
cent on the amount collected, shall be allowed
as q compensation to the officer on whom
should develve the collection of the taxes i'm
| posed by said acts, to be deducted and paid
! out of the funds of your petitioner. And
petitioner AYERS that no other or greater COM
mission could be allowed said officers out Of
the funds aforesaid.
| Nevertheless, your petitioner represents
that Charles Clinton, Auditor, whose duty it is
| by law to audit, adjust and settle the accounts
| of said tax collector, disregarding the express
provision of the act of the Legislature afore-
said, fixing the compensation of said tax col
lector at one per cent on the amount collected
and paid into the treasury, and notwithstand-
| ing the repeated objections and remonstrance
on behalf Of your petitioner gainst his action
in that behalf, both allowed said collectors
commission averaging six and six-tenths on
the amounts of the taxes collected by them
for account of your petitioner, and five per
cent to assessors, in violation of said contract,
and audits, adjusts and settles their accounts
accordingly.
Whereby large portion of said funds have
been, by the illegal acts of the said Auditor,
diverted from, and lost to your petitioner, to
its injury and damage in the sum OF S105,
1872 10, as will more fully appear from the
tabular statement filed herewith as part of this
petition. Aud for which sum said Chas. Gin.
ton, and the sureties on his official bond,
Chas. Hemard, Chas. E. Slayback, William
Dillon, J. NJ. Schwartz and George G. Benham
are in solido, liable and indebted to your pc.
titioner. Wherefore your petitioner prays
that said Charles Citation, Charles Hemard
Charles E. Slayback, William Dillon, j. M.
Schwartz and George G. Benham, who reside
in the city of New Orleans, may be sevelally
cited to answer this petition, that after all due
proceedings they be condemned in solido t.
pay your petitioner the sum of S195, 1872 10
with legal interest and cost of suit.