New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-27
COURT RECORD.
WEDNESDAY, MAY 26, 1875.

COURT RECORD.
WEDNESDAY, MAY 26, 1875
United States Circuit Court.
Present - Hon. w. B. Woods, Circui
Judge.
United States VS.. G. w. Swanton.-In
formation for beating and wounding OF tn
high seas; two cases. Plea of guilty
. Sentenced to two months imprisonment i,
each case.
L. L. Conrad We. Rufus Waples.-On it'll
to property in New Orleans, defendan
claiming under the Senior Conrad. Plain
tiff proved Conrads title and offered ;
deed, executed in the parish of ST. Helena
during the war while New Orleans was oc
cupied by federal troops, to his sons. De
tense objected that the notary in St. Helena
holding his commission from the Con
federate authorities, was not such an office,
the court could take cognizance of; that the
title was incomplete, delivery never having
taken place nor the deed recorded, because
by act of Congress and international law
the grantees armed belligerants, could no,
enter New Orleans. Exec ptions sustained
and jury instructed to return a verdict fo.
defendant.
+. NJ. Ames. trustee, vs.. New Orleans,
Mobile and Texas Railroad Company
On the inquiry whether the trustee is
competent 20 entertain proposition for a
purchase OF the property from him. and
whether particular plan of sale is within
his authority as trustee
The deeds OF trust which authorized the
trustee to purchase contemplate q case
whenever he tinds it ''advantageOus.'
| l. The report of the master lie conclusive
that the sale should be made as early as
| practicable.
| 2. The sale most consonant to the rights
and equities Of parties would be TO the bond
holders.
| 3 Each bondholder Is entitled to his
| share of the cash value, $3.50, 900, in money
| or stock.
4. Time should be given to make the
election.
). The trustee would do we'll to have the
| sanction OF three. fiths Of the bondholders.
6. The bondholders may nganize and
call for conveyance of the property
ROsalie MaeDhaut ct al. vs.. CITY of New
Orleans ct ai.-Plaintitfs. residents Of Bel
GUM. Great Britain and New York. aliege:
l. That they own seven $1,000 bonds. is
sned under section thirtv-seven of act No
II, approved February %, 1852 ..consoida-
ton act, at SIX per cent interest, payable
in forty years. Ten millions OF these bonds
were issued and negotiated at and above
par.
=. That the debts OF the three muncipali.
ties were charged upon the city, and the
bonds exchanged for them properly appor-
toned; that a $650,OO0 consolidated loan
tax was to be raised each year. and all
ordinances void unless this was passed first;
that all other loans we're forbidden except
by vote OF the people, and all payments
except for specified objects
3. That these restrictions inspired conf.
dence, the existence of the municipal gov.
ernment being staked.
4. That the city debt was not increased
till January l. 1869, except under acts Nos.
1O8, l09, ITO, approved March Is, 1854, Civ
ing aid to railroads. These are not dis
puted.
5. That January ], 1869, bonds were is.
sued to purchase the waterworks, by pro-
vision Of 1884, the debt not being included
in the act of 1852. Act No 80 of 1868 al
lowed bonds of 81 ,000,000 $37 $50 now out
standing. Act No. 49 of 1869, loan of
S5, 600, GOO. outstanding 2,S49, 500.
.. In 1870 the charter was changed; act of
1897 repealed; new consolidated debt ere
ated; 50, 100000 of bonds now outstanding.
Under section ten OF act No, 4S OF 1871. out.
standing $45o, $50. Under act No. 100 of
l@I. deficiencies OF revenue acknowledged,
" 400 S4S; outstanding bonds l543. 600.
Under act No. 90 of 1872 funding the CITY
debt, outstanding bonds S4l42, 600. Wharf
bonds $1O2O0O. And a vast debt in the
form OF certificates, warrants. and other
forms which beggarly government has |
invented TO OBTAIN labor, service and money |
for their crying demands" The bonded |
debt is $22 100000 or $4,000, 600; other |
forms several hundred thousand dollars
Z. The solemn pledges were disregarded |
and despised. Acts OF 1868 and 1863 recOp-
nized the act of 1852, and were 20 meet |
pressure, and pay "city notes" by |
any shift or device.
3. Act of 1870 reorganized the govern
ment, deprived the people of election re-
moved restraints upon protiigacy: annulled |
the clause requiring consent OF people 10
create debs, and permitted the CITY gov.
ment to create debts.
9. That the consupmation of this was
act No. 49, approved March II. 1874. post
poning the collection OF taxes for sinking
fund 10 December, 1876, to afford tempo
rary relief.
10. That this inDars the rights of hold
ers of bonds of 1852, by emitting the obi
CATION to pass the ordinance, January |,
each year, to collect $650,000; that the
stock is worth only fifty per cent, in conse-
Iuence; that there will De a failure to paw
The July interest; the contract broken, and
The deficiency IN the sinking fund misap-
pied by the city, OF 8 ,000,OO0
IL. That the city's condition is, in conse-
luence OF the act Of 1870, which impars
jhe obligation OF the contract, and violates
ne laws and constitution of Louisiana. |
Article one, section ten, and section one of
he fourteenth amendmen. to the constitu-
ion of the United States.
II. That Of the consolidated stock 81 $50.
400. are outstanding 81 ,000,0O0 being repre-
ented in this suit.
IL. That some persons are made defend
lnts who hold bonds issued since the act of
So was repealed, and not sanctioned by |
my ordinance; that it would not be equit-
lDie Tor them 70 have an equal standing |
With plaintiffs, who are entitled TO special |
Ak.
Prayer-l. Tha: the parties show cause
Why plaintiff should not have the relief
sked, and substantial compliance with the
ct OF 1852 ,. That the city, each year,
'etore any act is done. provide $3.50 900, for
rincipai and interest. g. That there be an |
ccount Of the deficiency, and it be re.
tored. 4. That the city pay arrears give
riorlty to theae bonds, and be enjoined ,
rom paying any others. ). That sub
enas be Issued.
SuDre me Court.
Present-Chief Justice LuGeling and
Justices Wyly and Morgan.
REHEARISGs GRANTED.
No. 1904. John L. Lewis VS.. Behan s.
horne.
No. 4s24. j. B. Henry vs. Mayer Cold
Ian.
No. 5629 Succession of VFa,ts-. o. W'nn.