The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-16
NEW ORLEANS PACIFIC.
vnosEEniNGs BEFORE ruE sV"h-
Hsvu DISTRICT CotHF
arxumcn, 10y judge Howe'

dav % dissolve the injunction heai''s' wv ''"'
road tax: ,t....,,,,i,,
t,,,,i,ht IN Louis G. Rontlnnez AlehiMnlu
Mitehe aud some thirty or forty oiher plalg'',,a
against the Mayor any tailan I'M nasseyo by
ths {, lunrni Assembly of Louisiann ~ we sb
aion of isTO ~ aet known ~ hc No ~ y wv
session which authorized nhd relnlreu w
May", and administrators n The city % MY MY,
prjenna to submit to the qualified electors I ,m
Inc within the limits Of the city 81 New orieahs'
,,A W.,,aatan whether or not aenltain tax should
na Inyied npon the taS-paying property ~ ia w
"ilv III New Orleans tor The purposes speail,,f, Nm,
.s m,e of this case If read this get to your
h Yf,,, Howe, read act No. 90 70 the Court -.
II d proper 70 state upon THIS noln'' y NM
court plensc that by set NO - 81 tS.o, uaS H.,
~ Ia nutnhnr aud date will Indicate some unn'
III t ,r this art No. ~. but while both were
,,andinp In the legislature the netaria chuiue1
81 thu New Orleans pfI ns, h hagei hcora III.
Enata a notary Of this ety was eohhrll1u ~
ihe Legislature Of the state. as by special no,
Tn,trir other privileges wore conleffed upou
tha nnmrnny The notaria charter, ~ sci uut
In full IN this act was ratified ana thn Yop ona
siap which Il accorded to alway companies N
rorporated by special act " = also nro ~, NJ IT,
s ~ ,vas s' nnssl authorizing inquiry "a New
.,,,nana from the people as TO whether me uiS
should be levied for the PURPOSES +, , a nv .,
iea an sanprnyei authorizing similar action on Tue
part Of he police iures and mpnc,pa' T au,
,,reanible Of that act ia ne ioilows ,.,,..,,.
opapy has zen anH o aoary on ny the 2h
nav III June, 1875 undor the provisions ~ wv
Teylscd Statutes OF the State OF Louisiana nhp
hna npmmanued the work Of constructing y Iaii
,xav Intended To- connect the city OF New orleans
with the state Of IeNas ana !, u ',, NJ said
public Importance that lhe me-, Jo'i,p'e eynry lawful
railway should be eApeuiteo :" o'ei'
hin \, nannot plaee lien or cloud on any one 9
Intthn
I'M oath Illinois leporta, page ~. the ease OF tho
sitv of Chicago against Evans ct NJ; ..,,,,,,
Whrn the petition was filed N the eis, Will w v,
Ga nnw before II : court. Of RoudaneH against ,ie
Mayor and Administrators, m ih}u r,t w, 4,
Issued by your Honor AGAINST l,e a,,nnn,inT to
nxnrutn in amy manner the provisions pl aet ~
90 The New orleans Pacific ialWay ,"tinu na H.
nlinruu that IL had not only been orghhi..fu ~ y
mntara MT under tho Revised statutes but ,a' !,
hnI bern also specially chartered 10y aet 10, ~
o,ai iu a clear legal interest in these questions
and n clear right to intervene, came N WIZ y, y
petition and asked your Honor 70 ds t Viz ths
same reasons set forth in the RUE. III. 4,
The first reason given is that THIS acuoh IL
Mo second reason Is that the petitioners show
In their petition no equity to authotiae an ~
;unttion-that IL to say no injury imminent AM
iimuanding over them which. under the genera
practice oi courts u equity authori2es AT " \,
junction. Aud thrifty, that the ~ No, ~ ~ ',
all respects n valid law aud ought not 70 po en-
joined - ., ,,,o,so tha Court
thahgtion If tho plaintiffs il entirely premature
hny ipnye to refcr your honor to % case decide,
IN This Court. in which was one % we eounse
asking for an Injunction was ussuG.eu If IN n
har pptition was prepared setting iotth man,
of the reasons which are act torth III this pe,'
tirn npainat the act known ms m n"t W in"oIpv
rate Tho sanitary and Excavaing Company oithi
rity A large number If reasons We're given J
that petition why mat act Ma rs h @ua an" fo
preliminary injunction was granted w you
honor. and the question came NY On IN" n, hnnS
IA dsaovn. Tho FIRST question thht your none
asked Tho counsel who opened the case was
What is this iniuncton2 II seems to me, sal
vour honor that this ~ an injunction against
stnt,,in III enems to me that nothing has "
been done under this statute. II works no lhlui
upon the plaintiffs, ;, A.. :,
junction was dissolved and the suit disnisse
and tho case was never heard 81 again. nele
III that ease. 1t ia No. 2balo Of this court Weh
senharh ard others against the New orleai
Sanitary and ENcayatins COMPANY. Ihe , Uou
will perceive In moment the relation hetWee
thai sase and this. Nothing has yet been dot
,inler thig statute which can nilict any nossih
INJURY upon any um9n being Ihe Mayo. , az :,
Administrators have been proceeding Win u
,lsual mechanism Of municipal legislation,
take steps TO obey this law; 10 submit the simp
question "a tho people of this city. az to wheth
they want this tax or not Non constdt that the
want it: perhaps they will vote II down; p
until that tax y voted ny tep people t Nn ua
LEANS from tho taxpayer. there certainly IS l
gtound for any Injunction, ,,.,
The absence of any imminent injury SO Tar
these petitioners arc concerned: in otherwqrd
the absence In this petition oi any equity VINE
authorizes au Injunction under the rules
courts ~ equity. This point ~. oi course T
lated somewhat to the first point that we max
.nd upon that question shall beg leave To- ret
vour nonors "a some authorities, We say Il
plaintiffs show no fact which, IN u legal sens
constitutes an Injury or lustics an iuunCuo
We refer your Honor to article 300 of the Coo
Of Practice. which, after giving various speci
cnsrs when an Injunction may issue, mono
IA, %, n Nf
Nh Injunction In any case OF actual injury to q
rights of property of the plaintiff. But it do
NOT pluvilr. aud NO system ui Jurisprudence
practice has ever provided. for an injunction
Il eaae of a mere hypothesis that at some futu
time an injury may possibly occur.
We submit chat n mere hypothesis that und
certain circumstances. which may or may 4
occur. certain injuries may or may not happc
will not authorize an Injunction. Your Hon
will allow me to suppose a case: ! reside in Il
city upon my own property ! nave nei'
hcr who II an excellent and good man. III
according to that wel-known doctrine of to
drpray,y which understand to be roceiv
among my friends here, y Is possible u
Ii Is not only possible hut probable: it
not only probable. hut certain that he
going to do some wrong some day. No m
Was ever perfect Now, on the next corn
there IL cnileehouse, where they keep lar
and varied assortment q LIQUORS. crooked VIII
probable that my good nciEhhor may thu
some day and ill himself with crooked whist
and then he may destroy my fence and get IL
my area. and destroy my flowers and conn
other injuries. Now, the fact that all the
things are possible does not authorize mo
rome into this court and enloin my height
from doing anything of that kind, or cnJoin
cptfeehouse keeper from selling him any lou
This was n great deal stronger ease than
ono have lust imagined, because in this "a
tho defendant had actually said he was going
cut wood on plaintiffs land
Now on the same principle. can an iniuncti
issue tn nreynnt the submission of n question
n ponular voto2 No harm can be donc by tll
Ne one can como into court and ask injur
ton i'm the capacity Of prophet. The code a.
moi pfoyide for that. The gift of prophecy /
ceased No one can tell how the good people
New Orleans viii vote on this question. n
cn1,sfat hut they will vote il down, and that v
he the end ~ it. In this view the petition Il
closes no cause for an injunction
But may il pie Sc the Court. even Il i shot
he made ID appear, though il cannot flor want
gift of prophecy ON the part Of any of usl Il
the people will surely vote this tax still II |
been decided in many eases, and by the high
authority. that an injunction Will not lie
claimed in this ease.
The reason that lies at the bottom Of all q
Is his, That no injunction ever issues in a
case where there is u simple and adequate rem
DIV M law Az tho court II well aware, the only "
IN which the city of New Orleans can collect q
tax even il II should be voted land nobody c
tell whether IL will ever he voted or notl IL
bringing suit. according to the statutory III
visions I'M this court, To hn sure. the procet
ings In those suits are not like the proceedin
In ordinary cases :butthey are ali suits. The cit
ton is mado by an advertisement. The adyt
tsement. with acortain certificate OF nublicatit
nj t1t.Aa, fnf In a fAf,t g