The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-30
THE NEW ORLEANS DEMOCRAT, SUNDAY DECEMBER 30 1877

sectien ST. should be constrained. BY the process,
OF this court, 70 levy, collect Ind apply the said
special tsx, for the years during which IL should
have, and has not, been raised, and this, by 4
separate tax, and assessment for each year, on
the real estate within the city.
Ihas the city OF New Orleans IL estopped from
denying the validity and integrity Of said bonds
and coupons, aud the obligation, on the part of
her Council, to levy said SPECIAL tax, under the
provisions of said section 81 OF said act II OF 1862
1y reason Of the judgment rendered by the
United States circuit COURT for Louisiana, 10 the
New Orleans, No. 7423 of the docket of said court,
| wherein said city had denied liability for said
| debt. and wherein the said court has declared
| said section 81 to be contract binding upon the
| State, the city and the bondholders,. aud has
| ordered and compelled dstiibu ion of taxes
| realized, and hss reserved all the rights of the
compainants to q men damus, to compel the levy,
collection and application Of said special tax, at
| future time, 10 it's Legitimate objects.
The premises and showing herein made being
considered petitioner and relator pray that wris
OF mandsmus aud mi JUNCTION issue herein com,
manding Z. Psbury, the Mayor of the city OF
New Orleans; J. O. Denis, Administrator of Fl
nance; j. Ct. Brown, Administrator OF Accounts;
John McOsffrt v, Administrator Of improvements;
j. ID. Edwards, Administrator OF Waterworks;
Charles Cavsnao, Administrator of Commerce; H.
II. Diamond, Administrator Of Police;J. e ReUg-
sto IL, Administrator OF Assessment 3, the last
seven being members of and composing the
Council OF said oily of New Orleans. at once to
levy by separate and distinct assessments, and
hereafter collect and apply, under the provisions
OF section 81 OF act No. II, approve d Feb
usry %. 1852, q special tax OF $3.50. 600 for
each OF said years 1874, 1875. 1876, 1877, less
coupons paid for 1874 and 1876, to meet the cou.
pons overdue and unpaid. and to purchase bonds
issued under said section by the city as well as
IKE tax for the year 1878. for the purpose of pay
ing the coupons maturing that year aud purohas- |
ing bonds, as eonte mplated by said 81 oion 81 |
sud forbiddiDg and epioining said May or and Ad-
minis'rators from levJing say tax on the real es-
late within the limits Of said CITY. which is sub
jeot to special taxation, In favor of the CONSOLE
lated loan b., under said section 81, to the |
ibjury and rejudce OF eaid consolidated debt, |
and without first providing therefor, or show
cause, in writing, within such time as this court
may Tx, after service OF the petition, order and
writs herein on them, why said mandamus
hould not be made peremptory, and said ipjunc-
ton perpetusted; that the city of New Orleans aud
said Mayor and Administrators be notified, as the
law provides, OF these proceedings, aud that,
after due hearing. eaid mandamus and ipiunc-
lion be so made peremptory and perpetual, and
that the amounts 80 raised be exclusively applied
70 coupons and bonds held by relator and others
likewise situated ;sthat all other obligations is
sued be annuled, il found TO have been issued
without authority, reserving to petitioner and re-
ator recourse to personal process, and in dam
sges against each and a said municipal officers,
against their property and that of their official
'ureties; and to writ Of distringas against all
heir revenues and against all the revenues of
aid city of New Orleans, until the mandates of
his honorable court shall have been fully obey
I'd and executed. And they pray for such other
md further relief, in the premises, az the nature
II the case may require and the law permit and,
IS in duty bound, etc.
J. A. CAMPBELL,
q. BERMUDEZ,
or Counsel
The Judge then issued an order that defend
nts show cause on the 9th OF January, 1873 at
O'Clock q. M, why the injunction prayed for
hall not issue, and has also ordered alternative
'rits OF mandamus to issue, returnable on the 1
anne day.