The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-26
THE BATTURE PROPERTY.
A THREATENING INJUNCTION.

The attempt on the part Of the Chattanoog
Railroad Company to prevent the city Of Nes
Orleans from selling her private propert
lying along and near the river front and abov
Lafayette street, has given rise to new twls
il the tangle OF complications and litigatio,
respecting the batture property
In 1920 Edward Livingston and others, th,
owners, donated to the city Of New Orleans al
the b4tture property in front OF the Faubour1
St. Mary, or what was afterwards the FRS
District, to remain inalienabe and free from
seizure for debts. The ac. of the Legisla-
ture Of 1886 Incorporating the city Of New
Orleans, forbade the city from obsructing OF
impeding the inhabitants Of any portion OF
the city in the free use and enjoyment OF SAID
batture. The ownership was il the city and
the right Of use IN the public.
In 1850 the General Assembly passed an
act authorizing Municipal No. , to lay of
| Fulton and Front streets ON the batture,
| leaving the batture open from Front street 10
| the river for the use OF the publis and the
convenience of commerce. The same at
| authorized the Council! Of said Municipality
to lay off into lots and sell the batture ground
from New Levee to FroDe street, provided an
agreement between the Municipality and the
donors of 1920 could be made. June 30, 1851.
such an agreement was made in pursuance
Of which the batture lots. bounded by Fulton.
Front and Delta Streets were sold at auction
and the proceeds given. one-thrd to the orr.
ginal owners one third to sinking fund and
one-third to the Treasury of the Municipality.
In this agreement or compromise the
original owners agreed to alter the destina-
ton of their donation as made In 1920 and to
render the same alienableo They further
agreed that all that portion of the batture bee
tween Delta street and the river above La
fayette street to the line of Montgomery
property, and ali that portion of the batture
between Front street and the river, from
Lafayette to Canal street, should be vested in |
perpetuity and full ownership in said
relinquishing and ceding all |
their claims in and to the batture as well as !
to every enlargement thereof 0. accre.ion
thereto by new formation.
by this law OF 1850 and the suIseguen,
the batture in question became
the private property Of the Municipality and.
after consolidation, of the City Of New Orleans,
river as is necessary fox the purposes Of com
merceo
The General Assembly in 1869 assumed the
Datture to be public domain and granted to
he Chattanooga Railroad Company the privi-
eye of temporary occupancy for their tracks,
lepots and other buildings. This was an in
'asion of the rights OF ownership Of the city
u the battureo and has been so decided by
he Supreme Court of Louisiana.
Mrs. Gaines some time in 1879 obtained a
Judgment against the city of New Orleans for
very large sum- over one hundred thousand
olars, and no. having the money to pay in ,,
abstraction the Council authorized the sale OF
ertain Sattura property which included
art OF the ground occupied 10y the Chat.s
ooga Railroad Company The sale was to :,
ave taken pace yesterday but wa, stopped
y tho injunction OF Judge Woods sued out
J the 5 ate nomnallys but really at the Ill. ,
ance and in behalf of the Chattanooga Rail
Dad Companye The only immediate effect Of
the injunction will be to oblige
le city to provids other means for settling ;,
le Gaines judgment 1t is scarcely probable :,
nat owners of batture lots bought from the :,
ty of New Orleans can now be disturbed in :
eir possession or made uneasy respecting
eir titles. '
The batture property has been the subject :
legal discussion for twenty-five years,
hich in detail would fill scores OF ponderous
lumes. ANY mere outline of the evidence,
Suments, authorities, DEGREES and rulings
this prolonged and very interesting litiga-
N, would fill our paper for several days
t, on behalf Of our citizens. we shall con-
lue to observe all new phases Of this endless r.
ntest with due vigilance. !.