The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-06-06
THE NORTH LOUISIANA AND TENAS
RAILROAD.
MEANING IND EFEECT OE'JiDGE WOODS
RECENT DECISION.
Doctrine Upon which The Decision ]"
Uased.

Basrd.
In another column will be found the
Il entire text Of an opinion recently delly-
cred by Mr.. Justice Woods, OF the Y. >.
Circuit Court, in this city. in the case 81
Henry II Jackson and others. bond
holders of the Vicksburg. Shreveport
and Texas Railroad Company, Va. Johh
T. Ludeling, John Ray and others, VINO
claimed yearly eleven hundred thousand
dollars. the amount thoy alleged was due
to them for their expenditures IN re-
pairing aud operating the railroad OF
the above named company during their
nine years possession of IT,
Asthere seems to be much misappre-
henson Of the meaning OF this decision,
we have uscertaincd the meaning aud
effect Of It from authoritative sources,
and now lay the information obtained
before our teaders.
The main questions which were before
the court. and passed upon by i. are
stated In the opinion delivered by Judge
Woods. published in this issue - ne
DENocuAr which virtually deci les the
remaining points In controversy III thls
celebrated litigation. viz:
ul "rhe supreme Court oi the United States
having decided that Lul ling anl lie assoeiaies
wera possre -orE in bad fnh, nre theY. nhd"f
the iuriaprn lance Of Lpuisiant y en'tl,1 T. ply
Tor the irnprOv mems md iepa r. bY 'hnh
placed upnn the property. accounting NJ me
same timc for the income and profits 'hey de-
t,5 Wi ,ther, hayinE accounted fnr The IN
come and prof of the property While IN tn"it
handa the defend nts are entitle " ~ N-n ga ON
tho money expended by them IN improvements
aud rep..i ar
Judge Woods answers these questions
in the affirmative. and decides thht -
deI,ng aud his associates are entitled 70
compensation for the necessary perma-
uent i'm iruyements by them piaced upon
the ratruti. and which remained upon
il when it was taken from thelr posses.
sion by order If the Court. AMI placed
in the possession Of john w Green.
Esq. receiver OF the Court, on April l3.
1876.
Judge Woods also decides that bujel
ing aud his associates are entitled
10 interest upon the value oI said
improvements from the Tune thcy
we're ,naIn. to be computed at
the rate OF i've per ecnt per
annum But he decides also that Lu
deliug aud associates are tp he charged
with the sum OF SlGl .476 G9. the amount
by which the earnings and rcceir =
arising nom their nine years DO scS-
sion and use of the railroad exceeded
expenses OF operating aud maintaining
it, To arrive, then, mt the sum con-
ing to LuInling aud bis associa e..
ACCORDING 10 this decision, the value 81
the necessary permanent improvements
remaining on the property IN April ~.
1876. has to be taken into account. A
commission and interrogatoros there
fore issued from the court last summer,
addressed to John W. Green and Henry
b. Richardson, Esqs., railroad engineers
and eXperis competent to place n value
on this species Of property, 10y which
they were empowered and directed TO
make n careful and detailed eXamlna-
ton Of the entire railroad property, from
end to end, milo by mile. rms exam
nation was made and the estimate
placed on the improvements. etc, hy
the experts named. was tho sum Of S3,2,
36l. This sum and interest at
five per cent from time when the
expenditure was made is To be allowed
JudeIing and his associates. less S16l.
A76 60 aud interest being tho excess 81
receipts from earnings and other sources
over expenses OF maintenance or the
railroad The remainder tahout $500,
OOO) will constitute a balance IN favor 0l
Iudeling and his associates. provided
the comnlainants in the suit accept the
improvements. This, however, they are
4 not bound to do. Complainants have
the right to domand Of Ludelng and
associates that they demolish and re
move everything Of theirs which re
mains on the railroad, but the proba
bility is that the improvements Will bt
accepted by the comPlainants, II budei
ing and his associates are disposed IL
settle the ease on the terms Indicated III
the decision of the court and without
further controversy Whether they ar,
50 disposed or not we have not learned
AS Judge Woods bases his opinion il
this case on the doctrine laid down by
the Supreme Court of the United State'
in the case Of Gaines versus CITY OF New
Orleans 10 Wallace. G3n. and declares
that he will be guided by it in the settle
ment OF the railroad litigation upoi
which we here comment, the principles
laid down in the Gaines case become
important, and we make the following
extracts from the opinion OF the Su
preme Court rendered through Mr.
Justice Hunt as the organ OF the court
The question as to whether an appca
will be taken to that court from the de
csion Of Judge Woods. has not beer
determined, 50 far as we have learned
The ease of the present defendant II m IN
stance whore the works were done, not by on
not sentenced to make restitution, because Sue
person possessed bona fde, but by one who wa
sentenced 10 mako RESTITUTION, dlbu WIZ N'iS =
pressly adulged to possess mad ffe.
Mrs Gaines. therefore. had the right to kocl
the improvements upon reimburslng thel
value AMI the price Of the workmanship, or L
compel the city 10 demolish and remove them
She has not been called upon legally to cleo
which course she would adopt On the hearin
an oral notice was given that she would be Gale
upon to elect. which the Master understood Z
he In the future. aud not a prosont notice IN
matter WIS never again presented, ana the Mas
ter considered the subject as abandoned. Sh
may now propcrly rest upon her right to hay
the works demolished and removed This WOnl
give the city the value of tho materials only u
taken down nj its own expense and when ser
urated from their position upon the land.
Gaines y. New Orleans. IS Wallace. G5.l
Ludeling and his associates havin
demanded from the complainants a re
endorsement OF about eleven hundrc
thousand dollars, our readers will under
stand from the foregoing statement t
what extent Judge Woods decisiO
faycrs Ludeling and company.