New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-07-08

Twenty-fifth Annual: It was not brought
by Messrs. Ray, Ludeling, ETC., to re-
cover certain bonds, but was instituted
by the State to recover the interest on
bonds held by the railroad, and which
had been paid. The State, represented
by Attorney General Belden, attacked the
validity of the bonds, but after q full
hearing, in which Chief Justice Ludeling
took no part, the court decided that the
bonds were valid.
S. The bonds in controversy were only
portion of the amount authorized to be
issued by the acts Of 1868, 1871 and 1872.
Shortly after the decision above referred
to was rendered, the road applied to Gov
ernor Kellogg for the balance Of the
bonds. The Governor, who had only
recently entered upon the discharge of
his duties, and not being familiar with
the law and facts Of the case, consulted
Mr.. Hunt, who had not been concerned
in the case. Attorney General Field had
argued the case on the final hearing for
the State, and Messrs. Semmess and Mott
for the successful defendants. We copy
the correspondence between the Governor
and Mr.. Hunt:
Stair OF LOUISIANA
Executive Department ,
New Orleans April II, 1873 )
William b. Hunt, ESQ.,:
SIR-Application has been made to me to
sign and Issue certain bonds to the North
Louisiana and Texas Railroad Company
under act No. 81 of the acts Of 1872. am
opposed to increasing in any manner the
outstanding obligations Of the State, unless
l am legally required to do 90 in the dis
charge OF my duty. Will you please ex-
anime this whole matter carefully, and give
me your written opinion whether or not it
is my duty, as executive of this State, to
sign and issue these bonds to the company
Very respectfully your obedient servant,
WIN. P. KELLOGG.
NEW ORLEANS, April %, 1873
SIR have carefully considered the
statute you submitted to me, and also the
opinion Of the Supreme Court in the case of
the State vs.. the North Louisiana and Texas
Railroad Company, delivered in December
last.
am clearly of opinion that under that
decision 1t becomes your duty to issue the
much you may condemn the legislation.
The decision establishes the constitution
atty and validity of the statute, and also
the fact that the conditions and terms of
the act have been accepted by the company
within the required delay.
The statute Of 1872 provides that on the
delivery OF the stock 1.-THE remainder of the
whole number Of bonds shall Immediately
be issued" and commando that the Gov
and executed the said $526,0O0 of said
bonds yet to be issued. and deliver the
same to the president Of said company"
The court has decided that there can be
no question as to the issuance of the re-
Of the bonds"
There can be but one opinion as to the
purport of the statute and the decision Of
the Supreme Court.
l am, sir, very respectfully, your obed:-
ens servant, WILLIAM II. HUNT.
Counselor at Law.
His Excellency ". P. Kellogg. Governor Of Louisi.
ana.
The Governors reason for consulting
Mr.. Hunt in this matter in preference to
the Attorney General was, as stated above,
that that oficerwas counsel for one of the
parties before the court, while Mr.. Hunt
was not. Other able lawyers at the time
acquiesced in the opinion given, and
among others Mr.. Randell Hunt. Doubt
less, also, Messrs. Semmes e. Mott, the
able counsel for the road were satisfied,
and the Attorney General, though pro-
fessionally engaged on the other side,
fully concurred in the opinion expressed
by Mr.. Hunt. ..-" .....
1t is as well, perhaps as we go along to
get the facts of history straight. Espe-
,ially is this desirable in the outset. Then
here will be something substantial on
which to found an argument. For unless
hese preliminaries are attended to, there
S danger Of having the basis destroyed
when the whole fabric falls to the ground.