New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-08-15

| AItuOuKn C00 Guy OF new Orl0006 was con
quered and taken possession of in q civil
war waged on the part of the United States
to put down an insurrectlon and restore the
! supremacy of the national government in
| the Confederate States. that government
had the same power and rights in terri
tory held by conquest as if the terri.
tory had belonged to foreign country,
and had been subjugated in Q foreign
war. The court having considered the
rights OF the canqueror, conclude that the
appointment of Kennedy az Mayor, and of
the boards OF finance and of street landings
was valid, and that they were clothed with
proper power. and proceed: It can hardly
De doubted that to contract for the portion
of the water front of the city during the
continuance Of the military possession of
the United States was within the scope of
their authority. But, conceding this to be
so. 1t Is insisted that when the military .iu-
risdiction Of terminated the lease fell with
1t. We anSuot take this view Of the SUBJ
Ject. The question arises whether the In.
strument was fair and reasonable exer-
else OF the authority under which it was
made. large amount of money was to
be expended and was expended by the
lessees. The lease was liable to be an.
nulied 1t the expenditures were not made
and tho work not done within the limited
time specified. The war might last many
years, or 1t might at any time cease, and tho
State and city be restored to their normal
condition. The improvements to b. made
were important to the welfare and prosper
ity OF the city. The company had right to
use them only for a limited time. The COM
pany were to keep them in repair during
the life OF the lease. and at its termination
they were all to become the property of the
city. In the meantime the rental of $4,000
year was to be paid. When the military
authorities retired. the rent notes unpaid
were all handed over to the city. The city
took the place Of the United States. and
succeeded to all their rights under the con-
tract. (The United States vs.. McCres,
law reports, equity cases, 75) The company
became bound TO the city in all respects
as they had before became bound to the
covenantees in the lease. The CITY there.
after collected one of the notes subsequently
duo, and it holds the fund, without an offer
to return il, while conducting shis litga.
ton. II is also to be borne in mind that
there has been no offer Of adjustment touch
ing the lasting and valuable improvements
made by the company. nor is there any
complaint that the company have failed in
any particular to fulfill their contract. We
think the lease sas a tais and reasonable [
exercise OF tho powef vested in the mill.
tary, the mayor and the two boards,
and that the injunction awarded to the
court below was properly decreed. The |
jus post Hminimm and the law OF nuisance !
have nc application to the case. We do
not intend to impugl the general prin. !
clple that the contracts of che conqueror !
touching things in conquered territory loss I
their efficacy when his dominion ceases. I
We decide the case upon it's own peculiar |
which we think are sufficient I
20 take it out Of the rule. We might, per
haps, well hold that the city 10 estopped I
<A1N Aho
payment OF one Of the notes, but |
We prefer to place our judgment upon the |
ground before stated. The Judgment of the !
Circuit Court is affirmed. Justices Clifford. |
Davis end Bradley did not hear the argu.
ment, and did not participate in the decision |
3t this case.
Superior District Court.
Sarah Jones ct al. VS.. Clark & Meader and
American Life Insurance Communicated.
toners. the widow and heir Of Samuel
Jones, allege he insured his life for che !
benefit Of Clark & Meader for $4,000; that
,e only owed them e94 so; that they have
made claim for tho amount, and pray tor
jud gment for the amount.
State vs. John Larrieux-Rule for con. I
empt for violating injunction in slaughter.
Dg cattle outside OF the slaughterhouse !
.rOunds
John Kirwin vs. Hibernia Insurance Com
,any and sheriff.-{njunction 20 restrain
ale on property mortgsged to defendant.
Louisiana Jockey Club w. city of New
on on two wri's Of teri
acias issued on bond of $780, on the grounds
hat the writs are irregular. the description
Tague. the sale was advertised only once.
With claim of damages Of $500.
William Randolph vs. A. J. Redmoud-f
Issued against the tax collector !
Il the Fifth District. restr sining sale on
'ond OF $500
Second District Court.
SUGGESTIONS OF Charles Macs and ha vile. |
lat herine Deniger. opened.
William. A. Macs and P. Anatole Auzies |
ray to be emancipated.