New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-06
COURT RECORD.
TUESDAY, SEPTEMBER 5, 1876.
United States Supreme Court.

The following dec,sion was promulgated
September l:
No. 22l. The city of St. Louis, appellant
vs. the United States.-Appeal from tn
Court of Claims. The subject Of this con
troversy is the title to the land known a
100 acres, five miles below the city of st
Louis. 1t lies within the lines of survey
! of the commons of Carondelet, containing
| much larger qulntity-nearly 10000
| acres. The present suit was instituted il
the Court of Claims in 1859 by the city O.
| Carondelet. As the jurisdiction of thai
court was doubted, Congress, by the act o.
1873 ~ United States Statutes, GID es
| pecially authorized it to entertain jurisdic
! ton of the controversy. The city of Carcn
delet having become merged in the city OF
| St. Louis by an act of the Legislature Of
Missouri, the latter city was substituted az
| plaintiff. A deed conveying the land in
| controversy to the United States was made
| by the city Of Carondelet on the twenty
| fifth of October, 1854, and it is not contro-
| verified that the authority under which this
was done was sufficient And if this deed
be held to be otherwise valid, it decides the
controversy in favor Of the United States.
| Its validity is denied, however on the part
| of plaintiff, on the ground that it was with
out consideration, and that it was i'm
properly coerced from the authorities Of
CarOndelet by the officers Of the govern
ment who had charge Of the department OF
public lands, by an unjust and illegal
exercise Of authority, in refusing to confirm
and threatening to set aside the survey
which We have already mentioned, of the
CarOndelet commons, and exactiDg this
deed as the condition of their acquiesceuce
in that survey.
On the other side the deed is supported
as just and equitable compromise OF a
long existing controversy, both as to the
correctness of that survey and the right OF
the government to the ground known as
Jefferson Barracks. The origin of the claim
of CsrOndelet was concession Of 5000 ar.
penis of land adj lining the village, made in
1896 by Zenon Trudeau, Lieutenant Gov
ernor of Upper Louisiana. An attempt to
give locality 10 this concession was made
by SJulard (who describes himself as sur
veyor commissioned BIZ the government in
December, 1897. but the first actual survey
was made in 1918, by Elias Rector, who was
deputy under his father, William Rec
tor, surveyor of public lands for the
Territories of Illinois and Missouri.
The Court of Claims finds that. though
the feld-notes of this survey were fled
in the surveyors Office. it was never
approved by him. But IN the year 1884
Elias T. Langham, surveyor general at st.
Louis, caused J. G. Brown, one of his depu-
ties, to retrace and re-establish the lines Of
RectOr's survey, and when the result OF the
work was returned to his Office he approved
the survey, and the same was duly filed in
the office of recorder of land titles in
Missouri, who thereupon cert.ties that the
title was by him duly confirmed of the vii
lage to their claim as commons OF 600O ar
penis of land, as shown by that survey.
Six thousand arpents of land are equiva-
lent to 5l04 acres. The survey contained
1905 acres, and the Court of Claims finds
that, after deducting from that quantity
the Jefferson Barracks claim and all
private claims, there still remained
5000 arpents. There 10 no evidence
that this survey was ever brought to
the attention of the land department in
Washington until June 1889 In that year
the surveyor general at st. Louis seems to
have called the attention of the district at
| torney of the United States for Missouri to
| the survey in connection with the location
| of JEFF srson Barracks. and the letter having
| been transmitted to the Secretary of War,
an invest g alton of the whole matter was
! instituted by the commissioner OF public
| lands. This resulted in an order made IN
1871 by Commissioner Whitcomb, to Sur
veyor General Milburn, directing new
survey of these commons, on the principle
Of reservipg 1902 acres for military pur-
poses at Jefferson Barracks, allowing 5000
arpents to Carondelet for hsr commons,
and restoring the balance not covered by
private claims, to sale as public lands.
The order was not carried out. and subse-
quently deed was made by the village to
the United States of a portion OF tie land,
which was to revert to the village when n o
longer wanted for military purposes. The
government has since been in possession.
Afterward, the department at Washington
having decided that the Rector survey was
not valid, and the village getting uneasy as
to it's title, proposed to give the govern
! ment the free use Of the barracks las a
compromise). in order to remove cloud
from its title to the balance. This was
done in 1854, and the claim now made chat
the circumstances of the case amounted to
duress. and thus vitiated the deed of the
fee, is held to be untenable, and the trans
action is sustained, the court holding the
compromise effected to be valid. Affirmed.
Mr.. Justice Miller delivered the opinion.
United states Commissioner's Court.
Before Hon. J. P. Soutbworth:
United States VS.. Charles Williams
Violation of election laws. On complaint
of United States Supervisor John Barrett.
Accused held under bond of $500 to appear
before the Circuit Court. Bond given.
United States Va. George Washington
Same charge. Complaint Of United States
Supe rvisor Cornelius Mcmahon. Accused
discharged.
Superior District Court.
Pierre Lacsze We. J. Machado, B. Barthe
and Adam Wagner.-Ibjunction against
keeping private markets within twelve
squares Of Msgszir. M.rket. Rule for con-
tempt fixed for >"r'F''. her Z.
Louis Ball !'f nminge ct al.-Rule
against S. Via, IT .aaiet, fixed for Sep
tember7.
w. r. Mills vs.. 3. F Joubert.-InjunctiOn
against sale OF two lots, seized for taxes in
the Second District, issued on $500 hond.
Martin Lannes VS. II A. Oliyell.-injunc
ton against keeping a private market with
in twelve squares of Magazine Market
issued on 500 bond.
William Winklemans VS.. city of New
Orleans
Charles Mantaldo VS.. same.
Inunct1ons against interference with Pc
titloners as keepers of concert saloons.
Taken under advisement.
Citizens Bank vs.. F. Huppenbaner -
Possession OF two lots in First District pur-
chased at a tax sale, granted.
First District Court.
NFORMATIONs.
Assault and battery = Joseph Moore,
Catherine Martin, Peter Horagan, Frank
Barthelmy.
Intimidating witness-Carrie Lee.
Entering, etc.-Richard Bartorico, Charles
Parker.
SENTENCED.
Mary Despaux, petty larceny, two years.
second District Court.
SUGGESTIONS of George Klarr and Fran
co.'s Fazende opened.
Fourth District Court.
Judge Campbell has rendered the follow
ing decisions: