The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-31
THE APPROPRIATION E
ENJOINED.
A Shell in the Financial Camp.
Judge Woods Grants Restrain
inc Order.

, J. Q. A. Fellows, Esq, solicitor for John
Anderson, citizen of the State of New York
} filed yesterday in the United States Circui
Court, bill in chancery against the Board d
Audit Of the Floating Debt, and Charles
Clinton Auditor.
The bill sets forth that Anderson is the
owner Of four certain bonds for one thousand
dollars each, dated January 1st, 1874, of a
series called Consolidated bonds, issued bv
virtue Of an act of the General Assembly OF
January LIST, 1874, entitled 'an act to provide
for funding obligations Of the State by ex-
change for bonds, etc.
| That by virtue of the provisions of this
act Board of Liquidators was created, which
board is authorized to issue the bonds au-
thorized by said act for exchange for "all
| valid outstanding bonds of the State, and all
valid warrants drawn previous to the passage
| OF this act, by the respective Auditors of the
State on the Treasurer, except warrants isued
by the Auditor in payment of the constitu-
tlonal officers of the State, at the rate of sixty
cents in consolidated bond for one dollar in
outstanding bonds and warrants" The act
also provides that the bonds issued under it
should be used for no other purpose.
1t further alleges that by an amendment to
the Constitution Of the State adopted by the
people in the election of 1874 it was declared
that the issue of these Consolidated Bonds
should be contract between the State and
each holder, which the State could not i'm
pair.
Further, that the Legislature in 1875
passed an act making appropriations for the
general expenses of the State, in which is
provided that a Joint committee of both
Houses shall be appointed, composed of
twelve members, to be known as the Board of
Audit, to which is to be added, the Attorney
General and Auditor of Public Accounts,
which board was to sit in the State-House to
receive, classify and approve all floating obi
cations due prior to January 1, 1874. The
Auditor, after such approval, was to issue his
warrant upon the Treasurer for such amount.
The bill further alleges that the Treasurer
shall transfer all moneys received for taxes still
due and all special funds, the claims on |
which fund for that year have been paid, and |
for the general fund to one common fund to
be designated as the "Fund for the Ex-
tinguishment Of the Floating Debt" which
fund shall be kept separate to be applied
solely to the payment of the warrants issued
under this Funding act.
The complaint says that section -, of act 3,
hat tha Stata Jab |
1914 shall not be increased beyond SIS, OOO,-
100 and that by the constitutional amend
nent whenever the States Indebtedness shall
nave reduced below 5000, 900 the consti-
utional limit shall remain, and the debt shall
lot be thereafter increased, this rule to con
lnue until it reaches S15, 600, 900 when it shall
lot be increased thereafter
Section fifteen of the act of 1874 pro-
'ides that until the 1st Of July, 1874 all valid
issued by the Auditor for debts due
'rior to January l, 1874, shall be received for
ii back taxes due prior to said January l,
S74, and the bill charges that there was no
PROVISION in the act for any further receipt Of
variants for taxes
That the amount OF warrants then out
landing was, and still is, in excess of all
ack taxes due prior to January LIST, 1874 of
hitch there is any possibility of collection,
nd that by Sec Z, of the Act OF March 81, 1875,
sum OF $780, 900 was appropriated out said
Ind, derived from back taxes for the pur-
oses of the Act, and was an attempted in
rease of the State debt in violation of the
constitution and without Legislative approval
any portion of the pretended debt to be
tied on by the Board of Audit, and all in vio-
ton of the contract with the holders of the
Of bonds.
The bill alleges that w. w. Wharton State
9nator and four other Senators, whose names I
e not known with sufficient certainty to set
rth, IL. j. Souer and six members of the
ouse OF Representatives, A. P. Field At
rney General, and Charles Clinton, Auditor,
imposing the Board of Audit are now pro-
edlng to audit and register the same to the
ldltor who will issue warrants on the State
-easnrer therefor and thereby increase the
lot OF the State, unless restrained by an u
junction. :"
The bill then prays to the end therefore.
at the rights of complainant may not in Al
y wise be impaired by the anticipated acts
the Board Of Audit, writ of Injunction
issue restraining the members and q.
larles Clinton, Auditor from doing any act d.
der the act entitled "an act making APP
OPERATIONS, etc, March 81, 1875" except
ch portions thereof as are contained
the first and second sections
m auditing and registering any
,ton of said pretended floating debt, from
uing warrants therefor, and from exchange
or attempting to exchange said warrants,
issued now or hereafter, for the CONSOLE
ed bonds authorized to be issued under
d act No. 3, of 1874 lea
preliminary restraining order was granted nri
the rule for its perpetuation set for trial
April Sth, at II o'clock.
Anti-Dyspeptics. pr