The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-11
UNITED STATES SUPREME COURT.
MUNICIPAL PowERs-RIGHTs OF CONQUEST
MILITARY OCCUPATION.

MILITARY OCCUPATION.
WASHINGTON, August 10, 1875
No s. October term, 1s74.-rhe City of New Orleans,
appellant, VS. the New York Mail Steamship Company
Appeal from tho Circuit Court of the District OF ousi
ana.-Mr Justice Swaync delivered the opinion.
The questions presented for determination are
questions of law The facts are undisputcd.
the LIST of May 1862 the army Of the United Satcs
captured the city of New Orleans II held by mill
tary occupation until the 18th of March, 1865 when
it's government was handed over to the proper
city authorities. The condition of things which
subsstcd before tho rebellion then restored
During the military occupation it governed by
Mayor Board Of Finance and Board of Street Land
ngs, appointed by the Commanding General Of tho de-
partmcnt On the sth of juno, 1865, Hugh Kennedy
was thus appointed Mayor On the sth of July, 1865
MS such Mayor pursuant to resolution signed by tho
Chairman Of the Board of Finance and by the Chair
man of the Board of Street landings both boards hav
ing been appointed in the manner as himself Ken
ncdy executed tho appeces lease Of certain water
front property therein described The lease contained
among other things the following stipuations :-The
city granted TO the company the right to en-
close and occupy, for their exclusive uso tho
demscd premises for the term Of ten years
The company was at their expense to build a new
wharf in front OF the landing, designated with new
bukheads to retain the cvec carthworks throughout the
whole extent Of the front assigned them, they fur.
nishing the requisite labor and material; To keep the
structure In complete order and repair until ,hc crmi-
nation Of the lease and then to deliver II to tho city
thOritics in that condition. natural and
ccpcd The company was to have the right at their
cost, to construct buildings and sheds within the
enclosed space should be required for the transaction Of
their shipping and freight business. Tho wharvcs
to be completed within year from the date OF the
lease, of materials in workmanikc manner,
and be protected by line OF heavy fender piles
front of sufficient size and strength enable the largest
of the company's ships to land and load the wharf
without damage All tho improvements, consisting Of
wbarvcs bukhcads, fender piles sheds, buildings and
enclosures, to be kept IN good repair by tho
pany until the expiration Of the lease The lease
to be transferred without the city's consent and In
Of default by the company 10 fulh its engagements,
tho city had the right to annnl H. Az the expiration
of the lease all the improvements made by tho
company to become the property of tho
city Tho company agreed to pay an annual rent
Of as 600. in monthly instruments for which II gave its
promssory notes Tho company expended more than
500, 600 in making the improvements spcchcd in the
lease and duly paid It's notes thcy maturcd down TO
the 18th of April 1865 including the one then due. On
tho 18th Of that month the CITY Surveyor aided by
number Of aborcrs acting under order Of the City
Council approved by the Mayor, destroyed tho fence
enclosure erected by the company. II had cost them
$1,000 The company filed bill aud supplemental BILL
whereby they prayed for mn injunction and damages
The notes given by the company, then unpaid were
delivered by The military authorities to The proper
city authorities, when the government OF the city was
transferred 10 tho Mayor and Council Those unpaid
when this litigation begun were held by the city
then and for several months attcrward They wcro ten
dered TO the company by supplemental answer In this