The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-20
MUNICIPAL MATTERS.
Tuts Loss CAUSED 10 THE cry ~
TtE AaT M. ~ or 1873.
utpw the AHaIrs NJ the city Have ResH
Conducted In the PAST IN several


Conducted In the Past IN several
Respects
We have already given our readers a synopsis
Oh that extraordinary piece 81 Legislation known
~ aet Mo- IA Of the session Of 1885, by which esfs
tain eshsl and fairoad privileges, Judicial i,inr'
hons and tas exemptions were extended 10 The
New Orleans Canal and Navigation Company
without any qutd pro gtto being reserved TO the
Stale on city.
The subject, M will appear further on. being
such m Interesting one. that to-day We give aet
"a In full
NO. 74-Ar ACT RELATIVE 10 THE oAReNDEhFf
rAsAL AND NAVIGATOR COMPANY or Nhw
oAt,BAss,
BIZ Il enacted stt, THAT the uafandelet Canal
have The tight to construct isy.pus, basins and
hslEmpons for stesm or any other water crafts
At any point They may deem convenient on The
bayou bts John, The bsein and Uana Oafobdelst
and 70 extend she said isysouts, basins and half
streets Or neutral grounds ,kyoash which run thsI;
tihsiEsbla waters. provided they shall furnish
the public with the roads required By Law slsns
And afeund said lsysuuts, basins and halfmuohs
d the width ~ existing AZ The Time pf such extern
sion, and keep the saiie subject to The ordinances
VI The Common Council of New Orleans
hEd. .. That The ssid company shall have the
right 10 construct railroad with single ut
double tracks OF, either side OF their basin eana
end the bayou at john ffpnl the head Of sad
basin Oh r6nl5uss street b the Lake End with
Tile privilege Of passing through such private
property sha lands ~ may be needed. urDn due
compensation made 30 tbe owners ibsreof III
conformity with existing Laws. and they shall be
authorised 30 transport on said road freight ai,d
passengers FOR hire pfovtded they shall not Elm.
tluy steam locomotives Oh said road within sueh
linilts d The city as the uommpp Council Of the
city VI New Orleans may prescribe. ana that the
eaid road shall be sahset 10 s,ieh general polite
regulations a. are now or may hereafter be
adopted by said Council.
Hsu. D. That alter The expiration of Ave wears
from the passage 81 this act, the city corporation
nhhll be prohibited FROM draining into Bssen 81,
John. and should said city continue ~ tisait into
sAld bayou after the expiration Of the term afofe.
ehids then only Upon due indemnity being made
FOR any injury which shall be made to appear 30
fesult thefeffun said indemnity 10 be delefs
The city Compensation one by the company, and
piie BY ans. of The District Judges Oh Nav Ofs
lsAfs. AMI the city corporation shall further
hare the right 10 build bridges over said canal
squares. And, provided Jivthsi. that The bridges
now eHistihR opposite Marie aud Claiborne
streets shall net be affected BY this clause. but
must be su constructed M not 90 prevent The free
inHfess and esress Or yessals
hsr 1, 1hss sha ss,t coanpaay shalt enjoy ser.
pFAte Succession during atty years from this date,
AFTER which time ii may revert 90 The Btate npot,
due eortpensaliun being made according 10
award. BY three commissioners, one 10 be 40.
pointed BY the Governor Of the Htate, Que by the
company aed The third by any court 81 record Of
New UflaAhs.
Bsu. b TAst the said company shall have the
eale and exclusive right TO grant The special priv.
HIM. 2, ssF ,ssses s, aeSne o. ,s ss %
deem proper
Nsc. d That The said company shall have on.
ninsiye power TO follow and carry out their works
u conformity with such plan o. plans ~ they
may ut any lime adopt Aitd deem best calculated
Cd forward the interests Of commerce. provided
that this section shall not authorize the said
compMhy 10 uee or Interfere with any Of the |
streets es highways Of the city without the esns
rent Of The Common Council Of the city Of New
HEe, '. That The directors Of The company shall
have the right 10 impose fines not exceeding fifty |
dellArs FOR es eli and every daily violation Of their
rules and ordinances, recoverable before any court
of competent Jurisdiction.
HEc. !. That majority Of two.thirds of the |
board vf directofs, with The consent Of two |
thirds OF The stockholders, ahAlt have power 10
Issue bonds Of the corporation bearing any H.
tsrsst noe exceeding u per cent per apnum, and
thirty Ses,a, according TO The directions Of the
hoard, and fJf the seeufity Of the said tenda |
ssid company 10 hereby authorized 70 specially |
effect, hspotheeAte and mortgage all its prop |
Sitied, however, that The amount oil benas TITUS
Issued sbail IA yer exceed t2bp,eoD, and shall be
exclusively employed hi che Improvement 81
their navigation and 10 The building OF the rail-
r1Ad hereiubefoea authorized.
eFo. y. That said canal and railroad shall be
exempted from taxation during the period OF ATTY
years
kaa. 10. That this acs shall be In fierce from
and after ''' p'', ". " puou.
Speaker Of the Houee 81 Representatives,
VIM. Y. GRIFFIN,
President pro tenn, OF tho Senate.
Approved March y, tsss.
Governor or the State OF Louisiana.
A. II. nkRRoN, Secretary of State.
Feeling confident, doubtless OF tho strength OF
thla sct, The company AZ various times took coca.
aion 10 sue The city 10 prohibit II frem using the
Canal Carondelet and The bayou NJ. John for
drainage purposes. 1he city has never pretended
70 deny ths riRht Of the company 10 prevent
drainage Into the Canal Csrondelet, however, and
NM g case On record that We could aa res
city aathofitie4 claim TO be the natural drain OF
the CITY, Ia explained by the following decision OF
The Supreme Court Of our State!
Louis eAGSET w, rHE CRY or NEW ORLEANS.
Appeal from the Fourth Distriet Conrt.-John
Livingston for plaintiff and appellee. Geo.
=. Lacy. city attorney. for defendant aud ap.
pellant. Howe, ].
After reci,ing that the suit was brought 10 pre.
won't the city from draining into Bayou ~. John |
according 10 act OF March TO- 1858, except on In.
damnity to be determined by experts, Judge
Howe says;
NAL and special averment that She act No, "A OF |
1858, under which suit was brought, was null and |
VOID, because In contrAvent1on OF article 81 of tho
constitution OF 1852 and articles 10 and 10 OF the