The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1875-07-03
The Railroad Suit.

For some time the run,or has been
current that the United States Su-
irene Court had materially modified
the opinion rendered by that tribunal
in tue Railroad suit, which opinion
we published at the time and with
which our readers are familiar. We
learn that the modification made,
after the submission Of briefs on q
relear,ng, consists in the change en-
bvaced in the following amendment,
the only alteration in the original de-
cree being shown in italics:
The motion for re-argumcnt tn this
case is denied. 1t is ordered, how
ever, that the fifth paragraph of tho
decree be amended 80 as to read as
follows:
"And it is further ordered and de
creed that the defendants do account
for all money and property received
by them ont Of the property so sold
by them or any of them, receiving IN
their accounts such credits as under the
circumstances Of the case, BY the iow o
Louisiana, they are entitled to, and
that they pay and deliver to the re-
ceiyer whatever on such accounting
NAV he found due from them"
There will he, doubtless, some Diff
ference of opinion between the par.
ties litigant as to the amount allowed
by this supplemental decree, to the
defendant, LudcliDg and Associates,
for improvements on the road. The
defendants claim very large sum,
about $S00,00O, on this score. The
question arises, Can q pDssessor claim
reimbursement for money expended
! in improvements after institution OF
suits questioning his title ! As this
matter is to be determined by the
law Of this State, We shall not hazard
much in saying that the defendants
are likely to lose the cost of the bet
termouts made since the bondholders
first brought their suit, which wat
prior to the making Of any improve.
meuts of much magnitude on the
road. We believe it is pretty we'll
settled that possessors in either good
or bad faith, when evicted, are not
entitled to reimbursement for i'm.
provements made after suit instituted
calling their title 10 question. If this
be settled, then Labelling and Com
paDy will receive but comparative.
ly small amount for improvements
}, We submit, as part of the railroad
suit, the following interesting extract
from the brief Of Ludeling and Asso'
i. dntes asking for rehearing, with tht
simple comment, that the defendants
! by their own pleadinss, are in wors
. condition, by making q personal ap
i, peal to the Court, than ever:
"A deep and deliberate conviction
that, in the opinion pronounced i
+ this cause, the court has erred III re
gard to the principles of law an
questions of fact involved in it, in
: duces the undersigned most earnest
~, but respectfully, to urge the con'
f to reconsider its conclusions. If tn
;. opinion pronounced is to stand,
|, will entail upon these defendants til
q most m0mentous consequences. III
e decree not merely strips them of for
e tune, it brands their conduct ~ gross
q " fraudulent and fagitious. In II
= instance of the defendant Lndolin
d it stains his name and inpairs it
|, does not utterly destroy, his usefa
j. ness in the high Office which he no
J. fills of Chief Justice Of Louisiana.
o breaks up forever the happiness
q himself and household. II results
70 disastrous are to be achieved throus
" 81 nh ppreAlie.tarf'ffo The jurisprada;sa'
4 Of Louisians-if Ludeling is charge
j. with the violation of duties not IL
y posed upon him BY aud unknown
l. that system /; il bis conduct and tll
N of his CO defendants have been cd
il jected to the test of others and forei,
systems Of law !; If the facts in t
s. case have been judged from q fal
1t and unfair standpoint, and if the We
l. sion of these facts, colored BY cor
1T plainact's counsel, has been too req
Of lily adopted by the court, in passiI
I'd upon q record 30 voluminOus
10 through any or all of these means,
70 justice has been done, the court
l. implored to pause before it is too la
le and re-examine tho case and rever
e it's decree. The manner 10 which,
ct opinion Of the court states the cal
g discloses the fact that the law viii
= governs 1.-THE law OF Louisiana b
g. been inexperienced and misapplie
d -Osachito Telegraph.