The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1875-09-05
Communicated
The Drainage Question.

ID ormity we do not propose now to con-
slider. But il it be true in any other than
legal sense, that where there is wrong
there is remedy, relief viii be found. A 7
sketch of the proceedings teat have cuimi'
mated in such injury as You in your last
issue deplored, may ho Of interest. Our
people are so addicted to walking in the
shadow of great wrongs that they keep on
the even tenor of their way under this.
The frst legislation on the subject OF
drainage was the Act Of 1885. The cost Of
drainage by such Act was one-half the
difference between the value Of the land
before and its value after drainage. The
next subsequent Act tls39) changed this,
and the exact cost Of the work to tue COM
pany was made the ultimate cost 70 the
owner. The subsequent statutes have not
departed from this principle. It exists in
our present legislation, and its sbuse is the
evil we have to deplore. Under none could
payment be required in advance Of the
work. The cautious provisions by which
this right has been hedged have been sim
ply unavailing. The recent decision OF the
Supreme Court in the case of the City OF
New Orleans praying for the homologation
of it's tableau and assessment 10 In open
| contempt of the restraints these provisions
impose. -
| The grave and important work Of tribu-
nal like our Supreme Court ought to be
we'll done. All men revere wisdom and
admire learning. They bow reverently to
an authority they respect. Power 30 abso-
lutte should be exercised with q wisdom Is
nearly infallible a. human nature permits.
Yet perpetually its judgments fuctuate ;
change is the rule rather than the excep-
ton, (while it rarely deviates into justice)
) In the present case there were, by law
three essential prerequisites to the city's
demand. Certain bonds of the company
not to exceed $3.50, O00-should have beer
issued, but no bonds were issued. Th'
|, money upon them should have been raised
but no money was raised. The work should
,. have been first done-but is not nor materi-
O ally advanced. Yet the Supreme Court re-
d versed the sound judgment appealed from
and delivers to the city it's coveted spoil.
% As an example of the startling errors o
le this decision, let us state that in the face O
ii Sec. 10, Act 1889, which expressly inhibit
y. all further tax or assessment upon land
~ after drainage, and which requires that tn
- city itself shall maintain the levees AM
he drains unimpaired, the Supreme Court say
ia "Those lands, having thus bean drained an
OF in the front and higher part Of the city and i
its common with them. liable for maintaining tn
to established drains, and constructing any thu
might be elsewhere needed for the commo
nd IL Il hat Il hn;a
We these proceedings"
be We remember no instance in jurispru
ID. dence of error so glaring committed in sur
Nv port of injury SO gross; no example of az
peal in the history of our Courts, where
-. judgment so weak-we had almost sal
"a wicked-is made to overthrow one SO stronI
Dot The cautious and able summary of the low
ba er Judge (Collens), and the undispute
le- facts of the record, were under the eyes
this Court when it was SO struck with blind
ng ness. The casualty could hardly HAY
nd occurred under circumstances more paiufu
'ty Not one man, but a multitude is offered
ed the altar of this sin--not an iniividua
SO but q community. A community is deli,
as cred for sacrifice by it's constitpte
80 guardians; and, upon its face, the evil
past remedy. Yet as we have said, the
must be relief, and a people thus served
On those who should help them, must find
49, road to help. If Justice has vacated
"a abode and turned fugitive, it must
nm pursued and overtaken.
ear But in the meantime is the city to enfor
ear the decree with the merciless rigor now
lies dicated7 Has its own people no refuge
me- the moderation that ought to prevail,
an hope from humane couRsels9 Let SOL
oSe member of the Board, wiser than the re-
Wv clamor for restraint, till the sinful work
~ Judicial persecution be forborne. 1t dc
~ appear to US that it's best interests, as W
200 as its good name, lie in the postponeme
no of these executions to time of less tr
the and depression. It will End surer 90
as justice in wissR policy than force, viii
ten can result in no benefits comnensurate wi
,er- the wrong. Let the City pause. LEX.