The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-04
UNITED STATES CIRCUIT COURT.
United States vs. Harriet A. Mills ct ais
Harriet A. Mills arrested on capias.
SUPREME COURT DECISIONS.
Monday. Zee. 3. 1877.

Present. Chief Justice Manning and Asso
ciate Justices Mari, DeBlanc and Spencer. Mr.
Justice Egan was obliged by illness. to leave
the bench.
BY CHIEF JUSTICE MANNING.
No. SALT. James L. Ferree ct al. vs.. William P
Smith-Rehearing refused.
No. 67s4 Mrs T. Eschert. appellant. VS. VIM
G. Harrison ct al--Appeal from the Fifth Dis
trict Court parish of Orleans. A sheriff who
is a party to proceedings by, Injunction only
for the purpose Of notifying him that the exc;
not be made party to the appeal. The date Of
filing the appeal supplies the omission of q
date in the body of the band. Motion to dismiss
No. 6722. Sociedad Union Espanola de Bene-
fcencia Mutua ct al. vs.. Andres Docurro etal
appellants; Appeal from the Fourth District
No, 67o7. Lord Cecil ct al. vs, the Board of
Liauidation, appellants. :, Appeal from the
Third District Court parish, of Orleans. Lord
George Woodh ouse Currie and Sir Philip Rose,
as trustees, of the Foreign, and Colonial Gov
eminent Trust in Eng and purchased thirty
eight bonds, of $1,000 each. OF the State OF
der an act of the General Assembly
Of this State, approved January g. 1870;
Liquidation to be funded they were refused
because the bonds were. issued in aid of the
BGuf and Crocodile Navig, ton Company. and
all the bonds of that issue had been declared of
doubtful validity by the supplemental funding
act This act prohibits the Board of Liquda-
ton from funding any bonds mentioned in this
tiste des ploscrits until they have been declared
by this court to be legal and valid obligations of
this, State. and that they We're issued in strict
conformity to. law and not in, violation Of the
constitution of this State or of the United States.
(Ac s 1875. p. 110.) Thereupon the plaintiffs in
stltuted this suit for the purpose of obtaining
from this court decree affirming the legality
and validity of the bonds in question.
L. b. Binnose. Of NewYork, interviewed. claim
ing ownership of fifteen other bonds of same
denomination and issue. alleging like pre-
refusal, and praying like decree. An inter-
vention of this kind seems to be sanctioned by
the act. and nc objection is made to it.
The defendant answered by a general denial
and special averment that the bonds held by
plaintiffs had none of the characteristics re-
quired by the supplemental funding act. The
answer to the Intervention is the same in sub
stance. There was judgment in favor of the
plaintiffs and intervenor and the defendant ap-
pealS.
1t will be observed that the object of this and
similar suits is not to obtain judgment against
the State for the amount of the bonds. The de-
cree we are to render is assimilated to special
verdict of a jury who have been charged to as
certain or find certain facts, J. e, do the bonds
possess the requisites enunciated in the act Of
1876, which it is, essential they should have in
order to justify the Board of Liquidation in
The General Assembly passed an act granting
the aid Of the State to the Bnuf and Crocodile
was auihorized to ISSUE the bonds of the State ate
to the amount of eighty thousand dollars in ia
vor of the company. 1t empowered the pres-
dent and secretary of the company to sell or
pledge the bonds thus issued in such quantities
a. they may deem necessary to raise money for
the completion of the work of making the Bpuf
and Crocodile navigable Whether the two
things designated by these words were canals,
or bayous, or streamlets, or large bodies of
water nowhere appears in that act, which pro
vides further that all the rights and privileges
of the company are pledged. hypothecated and
mortgaged to the State to secure the payment of
the bonds issued in it's aid, and the interest
that may accrue thereon. Acts 1870, p. 81.
The bonds have at their. head the words State
bond in favor of the B9uf and Crocodile Navi-
Louisiana is indebted to Henry c. Warmoth or
bearer in the sum Of one thousand dollars" etc.
and are signed by H. G. Warmoth. Governor of
the State of Louisiana" and are counter signed
by the Secretary Of State. Ii is admitted that
the signitary of the bonds is also the payee.
The testimony of all the plaintiffs was taken,
from which it appears they bought thirty EIGHT
of these bonds in London on the eighth of April,
1870, three months after their date, and paid for
them f646l is. 10d.. sum exceeding that at
which they can now fund them in Louisiana
consols. The 1ntervenor's testimony is that he
paid nine hundred and twenty dollars fiat for
each of his fifteen bonds in open market at New
York. on the first OF April of the same year.
These holders now charge that being pur-