New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-07

fSi0nAd) G.. e. ANTOlNE,
Lieutenant Governor and President of the
Approved March 6, 1s7S xr,,oac
Governor of the State Of Louisiana.
a ''oI P. e. Drs1osDs,
Secretary of State.
AN ACT
To authorize, with the consent of popular
vote, special tax on property IN New
Orleans to pay for stock in the New Or
leans Pacific Railway Company; to pro-
vide for the submission OF the question
at q special election; to provide for the
securing and collection of the tax, IT
voted; to impose certain duties on the
State officers of election and on the city
officers, and to punish violation of this
act; to authorize the issue of tax stock,
and to provide remedy, by mandamus,
TO enfore official duty under this act.
WHEREAS, The New Orleans Pacific
Railway Company has been duly organized
BY an act passed before j. G. Eustis, no.
tsry. on the of 1875, under the
provisions of the Revised Statutes. and has
commenced the work OF constructing .
railway intended to connect the city of
New Orleans with the State of Texas, and
it is matter of public importance that the
completion of said railway should be ex-
pidited in every lawful manner.
SECTION l. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly con-
vened, That Immediately after the passage
of this act it shall be the duty of the Mayor
and Administrators of the city of New
Orleans to submit to q vote of the regis
tered electors residing within said city the
question whether or not an annual tax OF tive
mills on the dollar on all taxable property
and other subjects of taxation within said
city shall be levied and collected for term
of four years, from and including the year
1876 The Council of said city shall fix q
day for said election, and give ten days
notice thereof by advertisement; shall pro-
vide for the holding OF the same in con-
venient manner, and shall canvass and an.
LOUNGE the result. At such election the
vote shall be BY ballot, and the ballots shall
be written or printed, "FOr the railroad
tax under act No. = Of 1876" or Against
the railroad tax under act No. = of
1876" as the case may be, the proper
number which this act shall bear being
inserted. II the vote shall be in favor Of
the tax, said tax shall be deemed and is
hereby declared to be levied for the year
1876, from the date of the election, on the
assessment of 1875, shall be payable at once
and exigible one month after such election;
during the succeeding years it shall be
levied and be payable and exigible in the
same manner, and at the same time az other
city taxes. AS soon as exigible it shall be
the duty of the city to enforce it, and to this
end all the methods and processes. rights
and remedies, liens and privileges, which
now exist or may be hereafter established
for the securing and collecting of other city
taxes shall pertain and apply fully to the
tax 80 voted.
SEC. 2 Be it further enacted. etc., That
to facilite said election, it shall be the duty
of the officers who at the time have charge
of registration and elections within the city
of New Orleane, under State laws, to fur
such special election, any and all books.
documents. ballot boxes and other para
phernalia which may be of assistance there
in, the same to be safely returned after the
election; and also, any blanks and station
ery now on hand which may be of use in
such special election.
SEC. 3. Be it further enacted, etc., That
the said tax, if voted, shall, as collected, be
paid over weekly to the said company, who
shall at once deliver to the city for the tax
payers the necessary certificates of stock in
proper amounts. For this purpose the said
company is authorized to issue tax stock in
any necessary sums, and such tax stock
shall have one vote in all company cleo
tions for each one hundred dollars thereof,
but not for fractional portions OF one hun
dred dollars, which. however, may be
transferred by delivery, and any person
holding one hundred dollars of eaid frac
tiOnal amounts, shall in like manner be en-
titled to q share stock.
SEC. 4. Be it further enacted ETC., That
the said tax and it's proceeds shall be,
while in the control or custody of the city,
q trust fund for the purposes OF this act,
and shall not be diverted for any other pur-
pose, under any pretext. Any officer, whether
of the State or city, who shall divert said
fund, or willfully delay. hinder. or obstruct
the operations of this act, shall be guilty of
q misdemeanOr, and on conviction shall be
fined not exceeding five thousand dollars
and imprisoned not more than two years,
and shall also be liable with his sureties in
solido to said company, or any other per.
son aggrieved, in civil suit for damages
The said company, or any other person In
terested, may enforce by mandamus the
prompt discharge of the duties thereby i'm.
posed on State officers, on the city of New
Orleans and on the officers Of said city.
SEC. 5. Be it further enacted. etc. That
the proceeds Of said tax, when paid to the
said railway company, shall be used by it
solely for the legitimate purposes Of the
consti uction, maintenance, equipment and
running of said railway, and the said city
shall have a right at all times to require
from said company just and true account
of the manner and purpose for which said
fund may have been expended.
SEC. G. Be it further enacted, etc., That
this act shall take effect from and after it's
passage.
(Signed) E. d. ESTlLEIIE,
Speaker of the House of Representatives.
iSigned) G. c. ANTOINE,
Lieutenant Governor and President Of the
Senate.
Approved March 3. 1876.
(Signed) WIN. P. kELLOGG,
Governor of the State of Louisiana.
A true copy:
p. G. DEsLONDE,
Secretary of State.
No. 81.