The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-24

| tatitaHHs resulting from sueh laeefi IL NJ
8p9. .4,a.,,., ~, a,...sz..
| No State ts pfohtpitsa, ~ either q elaase ~
| The Federal CONSTITUTION OF eutsgfessssiolaall
statute; FROM tnptgying !he naylaaatiol, .. q
| the rivers wh1eh HeW wlbhih us UNITS; anu:
az antHsd by tha highest court q me Hep,i1-
He tite itnppsttuh ~ leaSonabie toli lei bie
| Use 81 an ilhptgYsment, OF the navigation Y
| not g Tlolatioh u the ordinance ~ lief' whioh
| pfgYihes ,, -, a.,
lhe naylga'ae waters ieaaihg ino I,,e
LII. sYi atd t,ie s.ts
| plates betWehIi the same, shall le u9Winon
highwafs aha 1pfeyes Tree as Weli 20 We IN.
henitanIs pl sall teifltetg as 70 the eitl5fi l
Il W lnlteu states an tf9sf g, ang e1si
t,saee eii.f iihY he suhieteu ihto VIZ ,Y,iie t
efaeF, Wl.hgot any tass linutfst or daty There
fot. ,e. MOL W, aae 9 Mel as1, A., ..,.a..
a, - isps t.,e ceHlu aee.eea bnab btie pit9t,is
NaY'eas'en, ,,inpanf 4au Ioftsited its eh a
.e.' anu aeeiaIeH 70 aissplYha aaa e5ti ~
NJ Wy; ~ 1857. N the 18TH ~ Mateii3 ths
corporation nlqsee4t1hg this suit WIS creator
an aee oI me .sfg'sia ~, y shs ms f f.a +;
claimed ere conferred by section ten 81 that
aet wf !, !. i9a a as follows III. a..
He u further enacted, etc, That THIS cor.
pof1at,oi may am shall take, possess, hglu
and entity all and singular The rights; priv,
legfs tiat,fhises, it,,,nuiiities, peWef a 9i
authority which were at any tihle gfahtea ~.
| feeei fed. pDssesseH, enjoyed ma EErtetshd
| BY the late Orleans Navigation. COMPANY,
nitttt SECTIONS .. ~, II. ~ and ~ IT an ACT Ell
| titleH 'an act for improving the Internal nav
| iHatigh Ut the territory Of Orleans. approved
| July .. 1909, as well as thbsh copied ht this
| tme ~ The said New Orleans Canal and Nay
| tgatipn Company. by net approved Maich ~,
| 1852, . etc
defendant contends that .asstiniit'e The
| FIRST company was AUTHORIZED ny Cor
gtHss, IT does not FOLLOW thai IN 1857 the
| Legislature had the sanction VI that body "
| create q new corporation at,fl ettnfar upon 1t
| ne privileges allowed W Its rtedHesspf ny
| the original charter The consent 81 Con-
| gtnss was given less to the company than ~
| The State and The enterprise, aud; 10 WhBtn-
sbefet aid whatsoever given, that consent
| naTet was Withdrawn The State atteH Hhtlef
1t at''' granted charters. unaet IT rights were
acquired which neither Congress nor the
| State could divest, OF that great enterprise
| the administration alone was eUhided ~ the
| Orleans Navigation Company. that admins.
ttatiuii and the privileges thereto attaehnd
| that company has Forfeited aud lost hut the
| dissplitien y tite tofnitattuh Hlu not atfpgt.
condemn and destroy The enterprise, ana The
| thrice expressed congressman sanction pro-
tH.ts and guards The charter ef 1851
As on the trial ut 1879 the evideheg IN this
| eash shows. fat beyond the reach OF any ta-
| tipnal doubt, that for pubic purposes. as one
q the highways OF Intercourse between
States. AZ n commercial avenue. Bayou ST.
John was not nayigahle, ai,d that i vas te,i=
| ueleu nafigapln " the efforts anu with Tie
| funds OF plaintiff aud It's ptetiseassot TO
watti the lake 1t had g natural Hats but y
was, nearly closed that gate was opened ant
kept opened BY those companies. Toward
the city they have wiaetea and kept ,ihbb-
stfudted communication which. hefots. was
CHECKED witt, otstrueti9hs end as shallow ass
INSIGNIFICANT what they nave not ACTUALLY
created they laYe periitahHntly improved
| Were u not fpt the works ct .plaintiif. for
The hundreds ot thousands Of dollars spent
hF, IT anu its predecessor. were IT not fHt its
daily expenditures. Its Vigilance; Its dfedEH=
hoats It's itcessant care. were 1t not int the
channel Ut two thousand feet dug ct the cost
IT THOSE companies from the bank 81 the lake
~ The Hight house The SMALLEST taths you'd
have " fold theit sails at the mouth Of Bayou
st, John. and there; as " All ante-efa'nhetl
walt Tor tho Irregular rise of The watefs ~
the lake. -,,..-..,..
| . Plaintiff has fairly complied With every oh.
| legation ~ Its charter. " has enlatGeH.
leapened,. sttalahtened and cleaned the
bayou 1t has t9 constantly stf'ieelh against
| the damaging effects Of the winds and waves
on the entertainments and tho channel built
AMI dug In the lake IT has aided and ih=
t1ipiitG ~ itaviHniun aud thftuI said lake