The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-23

| CONSTRUCTION or leVcpS ordered. ana,
because the Levee Company could not
comply. he now advises that non-com-
| plianco with what he must have known
was IN impossible order, may justify
/ proceedings against the company for
forfeiture, etc.
| In connection with this matter, i beg
leave to allude to the cause and purpose
of the restraining order to which refer
| ence Is made In my above cited letter OF
April II. Gen. Longstreet is the mp
pointee OF your Excellency to the office
of Commissioner Of Engineers, whose
duties are specified by law, aud
whose salary Is fixed at $4,000 per an
mum, and In the express terms Of the
law, ''to be paid by the State. :"
This salary Gen. Longstreet has en-
ioyed since his appointment until
January /, 1875. He has, up to that
time, been paid by the State. The
Legislature, in the session Of 1875, ne
elected to include Gen. Longstreetg
salary in the appropriation bill for that
year. The Legislature, in the session
Of 1876, also refused to make the ncees-
sary appropriation.
AS the State did not, or would not,
provide for his salary, Gen. Longstrect
brought suit to compel the Auditor TO
issue warrant on the State Treasurer
y y
$1,000 Of J. q. Longstreet, Secretary Of
the Commission, an Office unknown to
the law, and also for $1,000, on account
Of expenses incurred In levec surv sys
A II to be taken out Of funds accrued to
the Ievec Company In fact, to be paid
by the Levee Company. AS this de-
mand was not in accordance with the
law, and it was deemed highly improper
that State official, whose duty 1t was
to decide on questions where the inter
ests Of the State and those of the Leyee
Company might be supposed to antag-
onize, should be paid by the Lcvce
Company, this claim Of Gen. LongStreet
was opposed by the company.
It was in connection with this suit Of
Gen. Longstreet's that the restraining
order was issued, at his instance, inhb-
iting the Auditor from giving warrants
to the bevee Company for money in the
State Treasury to the credit Of the Leyec
Company, unless his claims npd those
Of his Secretary were first paid thus
depriviDg the Ievee Company ut most
critical time, Of its cash resources. This
restraining order was issued on the lfth
Of March. 1876, and perpetuatcd on the
5th Of April.
There are other errors Of facts and
figures in Gen. Longstreet's letter TO
which | would also call your attention.
Gen. Longstreet says that the Mill
ken Bend Levee was Included in The
order OF October /, 1875, and That "on
the 18th OF November following, the
plan, proliles aud specifications for this
work were sent % the Levee Company.
The official plan and profile OF the
Milliken Bend Levec, now on filo in
this office, show that this statement is
untrue, for indorsed thereon, IL the fol
lowing:
Located by Commission Of Engi-
neers, stakcd and lcveled November
lltb, 1876. Office Commission Of
Engineers, New Orleans, December
ist, 1875, respectfully forwarded to the
Levee Company for construction.
,SigneD =. o. Hcbert, Acting Chair
man Of Engineers"
Therefore, although the Commission
Of Engineers did include this levcc
in their October / order as one to be
built, it was not located, staked and
leyeled until November II, and " the
plans, proiiles and specifications for
this work were not " sent TO the Leyee
Company, on the 18th OF November"
as stated, and not until after December
Ist, following.
Obviously the intention Of Gen. Long
street was TO cast the blame Of delay in
the construction Of this levee upon the
I.eyee Company, when the fact Is, that
our company did not receive tho order
for construction, with the required
plan, profile and specifications until
more than two months had elapsed after
the commission had decided that 1T
should be built. The company is allow
ed by the law and contract, sixty days
after the receipt OF the plans ana pro-
| files to commence work, but in this case
it anticipated their receipt, and closed u
contract for the work on November II,
1875, with provi3o that work should be
commenced on said levee not later than
| December /.
| The law and the contract provide only
| for the construction OF leveeS FOR which
plans, proflles and specifications are
! furnished after the same have been To-
Gated and staked out.
/ herewith append n tabular state
ment Of the account OF the State with
this company, made up to March IA,
1876, the date upon which the restrain
ing 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 Commis
sion Of Engineers, and OF the State En-
pineer as to construction, and by the
books Of the Auditor and Treasurer ol
the State, as to cash received. AS 20 the
amounts expended for repairs, and boa'
for survey, vouchers are on lille III TINS
office to verify them.
Amount cubic yards built 5.5SG,060 at - .
| Goc ..................3 32f5l CSC o
Amount cubic yards built 2.32o.0G3 at
zoe 116O.O .O3l 8
Renairs s.,.............. Gg.J2l =
Advanced to Com mmjsSioner5 OF En-
gineers to pay for boat for use IN
September. 1876 in making survey
OF leyees ......t....... .....'.-...'-s i'N''
s3,iIl $50 8
Cash received from State. ............ 1.9I0.55O
Balance due 18th March 1876 ........ 81 ,4H.3i
, To which add for work done not yet
? measured, say 100000 cubic yards
at soc. ........'-....'''' iV''V"
&l.5il 80
Very respectfully. yours,
JOHN HENDERSON,
, President Louisiana Leyee 90.
INDIANA.
Nomination by the state Convention
Judge Williams.
Courier Journal