The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-30
issaed under the provisions Of eaid section 81
OF sAid act No II Of 1862.

Of sAid act No II Of 1862
That, In further violation ofths said section 8
: which constituted, % aforesaid, . contract, Il
Legislature of said state ss passed an act en- ttle
IAN act to adjust, regulate and provide for th
bonded debt OF the city OF New Orleans" etc.. etc
ETC., approved March 8, 1876, and promulgated
act No. 81, the avowed object OF which was to in
pair, poe sbe, the obi "a ion of said contract an
dvess the rights vested Hereunder, by prohibit
ing said CITY from levyiDg any tax, for any veal
under the provision OF said section 81 of act NJ
IL Ut 1852 by attempting to shackle judicial tr
bunals, and to repeal the said section and til
| amendment thereof rs fully appears by sectio
| 7 OF said act No. 81, whicn reads as follows
SEQ. 7. BE further enacted. ETC., That no to,
| for the payment OF bonds or interest on bond
other than that authorized by the precedip,
Sections shall be levied either for the year 1876
or any year or years thereafter, by the civ D
New Orleans, and that sill existing laws reanir
ing or authorizing the City Council to lew an
| tax whatsoever for bonds or interest on bonds
other than said pre- MUM bonds, be and the sam,
are hereby repealed, and il shsll be hereafter in
competent Tor any court to maadamus the officers
OF said ely to lsvy and collect any interest tai
"tber than that provided in th 9 act, or in case
sHoh mandamuH, by q receiver, or otherwise, tC
dlreut the levy and collection of any such tax.
That both OF the acts laet named are la direct
conflict with article one, section ten, paragraph
one OF the constitution of the United States, a.
dlvesting the vested rights of r.lator under said
acts OF 1852, and as impsriRg the obliga un OF
the contract of relator with the said state and
city, aud should be held and declared to BIO uu.
constitutional, null and void, and of no effect
Th't the Legislature OF si%d State passed an
act entitled ian act to extend the Limits OF the
parish OF Orleans" etc., etc., approved March i6,
1870, and promulgated as No. Of the aots OF
said year, having for it's obj ct to abolish the
city OF New Orleans as organized under act II
of 1859 and by subsequent acts, and to repeal or
modify TO q certain extent the provisions of said
acts, and to create aud organize another city OF
New Orleans, IN which it IL especially provided
that the debt generally known as the CONSOLE
dated CITY debt existing under the previsi ms OF
section 81 Of said act IL Of 1884, shall be assumed
and paid by the city OF New Orleans incorpora.
ed by said act, and the said city WAS declared
liable therefor that the com nissoneEs OF the
consolidated d, BIT Of the city shall be the Mayor,
the Administrator Of Finance and the Admins.
traitor of Public Accounts, who shall perform ali
the functions and be vested with all the rights
and powers heretofore vesting under previous
acts in other named officers.
That the sections of the acts of the Genera
Assembly OF the State, In the year 1852, before
referred to and quoted. providing for the oonsol.
dated stock of the city of New Orleans aud it's
issue in exchange OF existing and acknowledged
municipal debts, and stipulsting the annual levy
and collection OF special tax to pay the acoruing
interest and the reduction of the principal in the
mode specified, as well ne the power and duty and
obligation OF levying, collecting and applying the
said special tax, constitute q contract binding
upon the said State the said city OF New Orleans,
In favor OF the holders of the bonds 30 issued
and negotiated. and that the same cannot De I'm.
paired, sbrogated or neglected under the au-
thority OF the State, without q violation of th
constitution Of the United States and OF the State
)f Louisiana, and that the various acts of the
state and OF the city, postponing and altering
he operations OF the acts first mentioned, are |
inadequate and Intellectual to release the city OF |
New Orleans from their obligation to perform the |
contract aforesaid, in all its parts, and especially
rom the duty OF ievying, collecting and applying |
he said special tax In the manner contemplated |
" said laws herein above quoted
That the Mayor and Administrators Of said city
I New Orleans, IN utter disregard of said SEQ.
ION ~ hereinabove quoted, and of the amend
lent thereof, in open contempt of their duties.
nd OF the right of relstor and OF other bond
oiders alike situated, have parsissntly and will
llly refused and neglected, for the years 1874,
375, 1876 and 1877, to perform the duties inn
osed uDon them by laws relative to the raising
nd application OF the special tax provided to psy
le mstured coupons and purchase the bonds is
ned under the provisions Of said section 81.
mat the Mayor and Administrators Of said
ut have actually levied upon the real estate snb,
cted 10 the special tax to be raised for the pay
ent OF the consol dated loan sax other taxes to
eet other bonds issued by said city, in violation
the prohibitory clause to be fond in said sec
on 81, which forms part OF the contract afore-
i'd and was intended az valid restraint upon
10 powers Of the State and Of the city to incur
wv obligations, and that the taxes 10 illegally /
sessed we're applied not only to said illegally is
ed bonds, but also to other illegal purposes.
That had the salutary prohibitions and re- |
rictions OF power contained in said section 81, T
ID which formed part of the contract aforesaid, 7
zen observed and enforced, ian immensely OF I
trsvagance, corruption, wsstefulness, unDeces-
ry and grjevoue..y burdensome taxation, bank I
ptcy, moral and fnanciai ruin, might have +
en- spared to the people Of Louisiana" ana 5
rticuarly to the tax payers Of the city Of New
city Of New Orleans illegally swollen to some !,
enty- three NIL lions, would be to-day only some p
Ir millions and odd hundred thousand dollars D
That, by reason of such illegal issue OF bonds, p
real estate, subjsct to taxation. in favor Of p
ana,asn s.n. Ts' .g h
oessive and exorbtant taxation, that prop. p
" holders found themselves unable to D
ar the additional burden, and the consequence
9 been, even in the later days, when the spe-
1 tax was still imposed, that taxpayers have, in
most innumerable instances, suspended pay
mt, and the tax intended to be raised for the
lsoltdated debt has not been met and satisfied,
d q debt which, though in reality the best Sc
red, has remained dishonored, and the who g.
ne restrictions, forming part Of the contract b.
alive TO the issue OF said consolidated bonds, e,
which were designed for the protection Of :,
taxpayers and citizens generally, have fallen q
contempt, and the real estate within city OK
it's has lamentably sunk in value, to the great Il
ury of both taxpayers and holders of said 4,
lsolidated bonds. r
That the said Mayor and Administrators have &,
all sorts Of technicalities, though frivolous @
unfounded, sought to contest, judically and b,
erwise, the validity and integrity OF the bonds
ned under said section 81, and their obligation
evy said special taxa validity and integrity
ich have, however, from time to time been
maly and solemnly recognized and proclaimed
numerous subsequent legislative enact nj
nts, viz: IL
$50. Nos. 70. 49, 1854, Nos. 1903, 1o9, 10; :.
s, No. 1865; 1855, No 164 1859, No. 1873; 1860, :.
8; 1863. No. 49,; 1870, No. Z; 1879, No. rs 81
A, No. So; 1876. No. 81.
That the Council Of the city Of New Orleans &C
re- intentionally omitted and. failed to levy on =,
real estate in said city, or otherwise, the said =
,ual TAX Of $3.50, 900, for the purposes of said 1t
ton 81 OF act II Of 1862, and the supplement n,
reof, which it was made their peremptory "a
~ to levy, collect and apply is stated in said d.
No. II and the supplement thereof, and that
consequence has been that bonds issued CO
Ter the provisions Of section 81 have not since to
year 1874, been redeemed d, and the coupons m
reol, maturing on and since July l, 1876 have
been paid. G,
IL Al NJ |