The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-31
THE NEW ORLEANS DEMOCRAT WEDNESDAY,, 1877

WEDNESDAY,, OCTOBER
cot Of sale u BY what Mr.. Marigny had rightto
cell. From the very words Of the aot OF sales as
vel g the lay l. os e ar.ssr
rights in relation TO this strip OF land than ma
rigny himself could II Marigny had sold wash
ington Square, or any Of the public streets dsdl.
Gated on his plan as public places IL y olear maj
already dispossessed himself 80 1t is with the
land OF the canal. Just as the title Of ID. Fat
ricks Church was indisputable to the whoie
land covered by. the cemetery. even unto tne
alleys, so was the title Of Marignv TO the land
occupied by the fsubourg; but just as they
had made dedication Of the alleys which they
could not divert, just 80 Marigny had made
dedication of tract to mere canal which ne
could not change. His use of the land was Inn
| tied TO that purpose it formed contract be-
tween him, the city and adjoining lots He
could make no other use of 1t. nor authorize
others to do so He had no other title and could
transfer no greater one. Ii follows that even IL
bis act OF sale TO the railroad company trans
ferred the very land, yet the railroad would have
no title.
Besides the act of sale specially and infinitely
recites that il 10 made under and subject to all
| the resolutions and ordinances passed In relation
to the canal by the City Council; marigny de.
olsres that he has full knowledge OF them and
| that he submits TO them and he desires and in
tends that the company shall submit TO them;
and the company declare having q perfect
knowledge OF oil said ordinances and resolutions,
and they declare that they submit to them and
put themselves in the place and stead oil MIR.
Msrigny in all things pertaining to said CANAL.
| Now then, one OF those ordinances was the one
| recitsd hereinabove in which the Council de-
clares recognizing in MIR. Msrigny no other
right on that tract than the one possessed by him
| to own canal
II lie In this light that the founders OF the rail-
road interpreted their rights. They required the
authorization of the city for al purposes. II was
by ordinance OF March ID, 1880, that they 40
CURED the right OF way. According to the recol-
lection of some Of the oldest members OF the
company, Ii was by special permission OF the city
| that a passenger and freight depot was con-
struoted. II the land had been their own thew
would have required no authorization from any
one.
They never demanded any compensation from
the city for all the streets running across the fifty
feet.
No city railroad ever demanded their permits
sion to cross the tract
They never reported the land AZ one Of their
sssets either In their statements to the public or
in their reports TO the assessors. nor has the land
| ever been assessed for the purpose OF taxation
| Ia fine, ne her they nor Mr.. Marigny ever eker-
oised rights Of ownership on the land. Il has
| been used ~ q public common without adverse
claim from any one for more than hall century
| II is conceded that the Peptohsrtrain Railroad
| company DOuEhb Oub mr. mbT1sny . pTlVuekss w
canal; the land was subject to that servitude,
and the railroad might perhaps have exercised 1t
I! in due time. But even this right has now been
oss To-, 70 them sao by nonuSsge Tor ten years.
In the CASE OF Mariguy Va. Pontohartrain Rail-
road Company, L. A. AT, the Supreme Court de-
| oided:
"Thirty years have elapsed since this contract
| was made without the defendant having ever at
tempted to avail themselves of their rights In this
respeot--the right to open the canal On the con.
trsry they have filled up some portions Of the canal
and built railroad In It's place; they have put up
o depot on this land. No csrsl WAS ever opened
| from the public road to the river, and for many
years the railroad to the levee, so that by the
acts OF the defendants the exercise Of the servi.
fude in question has become imprsoticable."
/ guote this decision merely for the purpose OF
sustaining the proposition of law that the servi-
tude of the canal had been forfeited by non
usage. As to the question OF fact therein de-
cded, the Supreme COURT seems to have over
| oked the olsuse in the act of oession Of June
II, 1906, In which Mr.. Marigny made q full ces-
sion and abandonment OF property in favor OF
the city Of New Orleans for the utility Of COM
meroe OF the alluvion or batture beyond the levee
Of the rosd bordering the river the whsle length
OF the faubourg."
remains to day with no shadow OF claim on Ely
sian Fields street OF any kind save the single
right OF way granted by ordinance OF March Is,
1880.
upon it, The thirteenth section Of their charter
provides: THAT the said company may
erect all necessary or useful works therefor, pro-
vided the consent Of the Mayor and City Council
OF New Orleans be had therefor In all cases
whore the same are erected within the limits oil
the corporation of the city of New Orleans"
They have assumed authority to erect huge
and unsightly re- ervoir in the centre of the
diately in front of the police station spelling and
obstructing the view. The city, in the exercise
OF its right to remove nuisances or distractions
from the streets, should remove the same. NJ,
1877; NJ, 10; 3 L., 563: Is L., 278; ID A.. 84z.
The privilege Of constructing works in the pub
lie highway should be granted only in cases Of
absolute necessity. For forty-seven years the
reservoirs OF the railroad have been at the head
Of Eysian Fields street. and no reason has been
given why they should not continue there.
CHARLES f. CLAIBORNE.
New Orleans, October a. 1877.
The following communications were received
and ordered spread on the minutes:
DEPARTMENT or FINANCE,
New Orleans, October 20, 1877. I
, To the Honorable the Mayor and City Council Of
i New Orleans:
| Ge,,tlenen-About the year 1864 8. V. sickles
an apotheoary OF this city, died and left sum Of
, money, the revenues Of VIII oh were to be applied
to the distribution OF medicines in case of sick
ness among the INDECENT poor.
lDe sum Oh slo,oa4 was then PAID INTO the clty
treasury and there remained until the year 1878
when settlement was made, principal and in
terest, amounting to the sam of s25,174 81 in
city seven per cent and gold bonds. and the Ad
; ministrator Of Finance under the control Of the
Council, charged with the custody thereof.
The following shows the amount OF annua
/ revenues and expenditures up to December 81
1874, when the city was compelled to suspend
payment of interest
Revenues. Expenditures
. 1873 ..............Sl,1A9 % $2,S17 81
1874 .............. 1,735 As 2,20l II
Since the exchange OF tho bonds into Premium
! Bonds, the revenue has amounted to 1921 81
and the expenditures to "a, 625, showing tie aver
age monthly distribution OF medicines to be s13t
, for the 3D. months ending October 81, 1877.
! Now the utmost amount OF revenue that car
1 be expected will be about $1,000 per annum which