New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-08-28
COURT RECORD.
500 o. ia 49, 80 ss,s-s. -,
FRIDAY. AUGUST q, 1876.
United States Ctrcuin -Cvnre

e - SAs~Es sr4ssy4' $3.50 is. {.
FRIDAY. August. q, 1876.
Emitted States Circ,a> C,,re.
The following was filed TO-DAY in the cas-,
OF samuel Watson vs. city of New Orleans
To the honorable the Judges Of the Circuit Cour
M .;a .ne oni.sq StateA for the District OF Lou
The bill Of complaint of SAMUEL Watson
3 resident and citizen of Allegheny City
o1ate OF Pennsylvania, complaining, Ritt
respect, SHOVE:
1. That he is the owner and possessor in
zee, under just ii lie, of certain property
N the Sixth District of the city of New
Orleans. State Of Louisiana, purchased by
nlm from Robert Watson, by public act be-
fore Andrew Hero, Jr., q notary public OF
said city, on the twenty-sixth Of May, 1875
consisting OF seven squares and ten lots ut
vile and Bloomingdale, in said Sixth Die.
trlct, fully described in said act, hereto
annexed as exhibit A; that said. property
comprises four squares in the rear OF Front
street or the levee and all the land between
the levee and the Mississippi river. extend.
ing to the waters edge, and from Nashville
avenue upward $50 feet and more. as
shown by plan or sketch of the same,
made and complied from origin a. plans and
maps by w. H. Willoz, surveyor, hereto an.
nexed as exhibit B; that included in said
purchase and belonging to said lots and
squares and appertainlng thereto are all
the rights of accretion and alluvion and in
crease OF batture attached thereto; that
SAID property, with all pertaining thereto.
mas passed to your orator, through regular
mesne c0nveyances. from the sovereign Of
tho country.
2. That he and his successive vendors
nave, for many years, exceeding thirty,
used and occupied said land extending to
the waters edge, and have each year paid
State and municipal taxes thereon; that the
owners of boats loaded principally with
coal, end coming for the most part from the
State of Pennsylvanis. have landed and
mOOred, their boats in front of said prop
erty for more than thirty years past, and
have had without any discrimination, let
or hindrance the privilege so to land and
moor their boa's, and have, while they
were 30 moOred, used the property of your
orator freely; that for their accommodation
and that OF the public generally, his ven
doris successfully Caused check posts. and
other necessary means for mOOring boats
to be constructed, and the same kept in
continuous repair and good order, and at
considerable expense, and to the full anu
complete satisfaction of all who desired to
use said place as a landing for their craft:
and your orators and bis vendors gave said
owners of boats the tree use ot the whole Of
said grounds in front of the lovee tor tho
extension of the lines used to moor their
boats, and for such purposes as were con.
venient end necessary, and which privilege
is still continued oy your orator, to the
whole public, and withou. any discrimipa-
ton, a6d for q Reasonable hire tos the use
of said property.
3. That'as Q remuneration for the use ct
bis said property and as reimbursement
in part of the cost OF the improvements
made and kept up by him and his veudOrs
and of tho taxes yearly paid by him aud
them, and for the facilities afforded to COM
merce by your orator and his successive
vendors a. aforesaid, the owners, and their
agents, of the water craft moored in FROM
OF the said property have for thirty years
past paid your orator and his vendors q
monthly rental, which has repaid him and
them for their OUTLAWS in constructing the
check posts and other works necessary for
the m0Oring Of the b ., and partly REIN.
bursed them for taxes paid and the use cf
their property ae aforesaid.
T. That by law the proprietor of land
fronting on q river is the owner of the front
and Of all the bAtture and future accretions
in float of his land, with An estate in fee OF
the same, with tul O. er to erect wharves
and buildings thereon, subject 10 the reason
able use of the public for the purposes of
navigation and commerce. and snt,i-ct fuy-
ther only to such rules and regulations as
the Legislature Or municipal. authorities
may enact under the police powers OF the
government, to regulate and control the
construction and use of wharves and land.
ing plases .,n other facilities of commerce.
by & neral regu att IL. applicable alike to
all 'he wharves and landings IN the port,
but such only an ma. be Necessary for po
lice purposes: hue Tour orator aver. that
neither the Legislature Of the State nor the
municipal authorities can destroy che right
of property in Che owner OF the land, nor
take fiOn him the use and enjoyment of
The same except for public purpose, NOR
do they lOsetse the power Of expro priat-
ing private property to the use ofoihe pub
lie without Just compensation and due pro
cess of law; nor can the State or any mum.
cipal corporation or authority take this
right OF constructing and owning Che
wharves and other constructions FOR the
uses OF commerce. OF the right of construct.
ing them for the purposes - leasing or his-
ing the same to others from the owners OF
the soil. nor appropriate tho same only for
it's private use and benefit and to derive a
revenue therefrOm..
5. That Notwithstanding Seur orator's
right in the premises the city Of New Or
leans, q municipal corporation in the State
of Louisiana, within whose territorial limits
the property of your orator is situated, has
attempted, without due process of law, by
force and without any right in the premises,
and with no title of ownership or adminis
tratiop, and for no public purpose, but for
it's privsts use, and with no right except
q IMPLY to regulate the public wharves, to
clear the banks OF rivers, etc. and fix q uni
form rate OF wharfage for the public
and 20 regulate the mOOring of
vessels in the port, and make genel al regu.
latiOns BY ordinances of general charac
ter, to take actual possession OF the said
Of your orator, and pretends not
only to the right to control and regulate
the same, but TO collect into the city treas
nry the revenues thereof, and in pursuance
Of its illegal objec; as aforesaid has pre-
,ented bills OF dues to all owners OF water
craft moored at and occupying the said
namely, to the tenants Of ysuI
orator. and has collected said rents from
some Of said tenants, and has threatened
others with suits, aud has been and now is
and otherwise illegally vexing
md annoying them, and by these and va
,ious ther illegal means and devices has
committed trespass upon the property Of
7our- orator and has slandeyrd his titLe
hereto.
S That said city OF New Orleans and its
,tficers duly epresenting it in lis municipsl
haraH or. have conspired with one Charles
l. Miltenberger, CITIZEN OF Louisiana and
esident of New Orleans. and with others
a said city 70 your Oratot unknown, 70 take
o session of the said property Of your
rator, and to deprive him OF the same aud
he revenues thereof, and 70 convert the
ame to their own use and benefit, and to
hat end have entered upon the lower por
ion of said property. and haze planted
heck posts in fhe river in fsont OF said
over portion, whe no such eorst ,uctions |
we're required by the wants of commerce or