New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-23

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70 how II should - deas, utterly regarded
Of cost Or expense, though only ok dsv'
before tho eommissien, u whieh b b chair
man, had issued IN address, inSorminl
planters and others that the tax '.for leves
purposes IL already exhausted upon the
construction Of levees ordered" And, be
csnse tho Lsves Company could not com.
ply. he now advises that noncompliance
with what he must have known was IN inn.
possible order may justify proceeding
against the company for forfeiture, etc.
In connection with this matter. bes
leave to allude to tho oause and purpose Of
the restraining order to which reference il
made in my above Cited letter Of April IL.
General Lon&street 10 the appointee Of
your excellency to the Office of commission
or OF engineers, whose duties are specified
by law and whose salary 10 fixed ct $1,000
per annum, and in the express terms of the
law, "to be paid by the State"
This salary General Longstreet has on.
joyed since his appointment until January
l, 1875. He has, up to that time, been paid
by the State. The Legislature, in the ses-
sion of 1875, neglected to include General
Longstreet's salary in the appropriation bill
for that year. The Legislature, in the ses-
sion of 1876, also refused to make the neces-
sary appropriation.
As the State did not, or would not, pro-
vide for his salary, General Longstreet
brought suit to compel the Auditor to issue
warrant on the State Treasurer for his
salary, $1,000, and for the salary, $4,000, Of
J. g. Longstreet, secretary Of the commits
sion, an Office unknown to the law, and also
for $1,000 on account Of expenses incurred
in levee surveys. All to be taken out of
funds sccrued to the Levee Company-in
fact, to be paid by the Levee Company. A.
this demand WAS not In accordance with
the law, and it was deemed highly improper
that State official. whose duty it was to
decide NO questions where the interests of
the State and those Of the Levee Company
might be supposed to antagonize, should be
paid by the Levee Company, this claim of
General Longstreet was opposed by the
company.
It was in connection with this suit of
General Longtreet's that the restraining
order was issused, at his instance, inhibit-
ing the Auditor from giving warrants to
the Levee Company for money in the State
treasury to the cerdit of the Levee Com
pany, unless his claims and those of his
secretary was first paid; thus depriving the
Levee Company, at most critical time. of
Its cash resources. This restraining order
was issued on the fourteenth Of March, 1876,
and perpetusted on the fifth of April.
There are other errors Of facts and figures
in General Longstreets letter to which l
would also call your attention.
General Longstreet says that the Mill
ken's Bend levee was included in the order
of October l, 1875, and that ION tho fifteenth
Of November following tho plan, proflea
and specifications for this work were sent
to the Levee Company"
The official plan and profile of the Mill.
ken's Bend levee, now on file in this office,
show that this statement is untrue, for in.
dorsed thereon is the following:
Located by Commission of Engineers,
staked and leveled November IA, 1875
Office Commission of Engineers, New Or.
leans, December l, lS75.-Respectfully for
warded to the Levee Company for construc
ton. p. o. HEBERT,
"Acting Chairman of Engineers"
Therefore, although the commission Of
engineers did included this levee in theil
October order, as one to be built, it waa
| not located, staked and level until No
vember IL, and 1.-THE plans, profiles and
| specifications" for this work were not
''sent to the Lsvee Company on the if
tenth of November" Is stated, and moi
until after December l, following.
Obviously the intention of General Long
street was to cast the blame of delay in the
construction of this levee upon the Levee
Company, when the fact is, that our com
pany did not receive the order for construc
ton, with the required plan, profile and
specifications, until more than two months
had elapsed after the commission had de-
cided that it should be built. The company
is allowed, by the law and contract, sixty
days after the receipt of the plans and
profles to commence work, but, in this
case it anticipated their receipt, and closed
| contract tor the work on November II
1875, with proviso that work should be
commenced on said levee not later than
December l.
The law and the contract provide only
for the construction of levees for which
plans, profiles and specifications are fur
nished, after the same have been located
and staked out.
herewith append Q tabular statement Of
the account of the State with this company,
made up to March IA, 1876, the date upon
which the restraining order referred to was
served upon the company, which account
you can easily verify by reference to the
archives Of the State in the hands of the
commission of engineers, and of the State
engineer, Is to construction; and by the