The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-04
A CARD.
CITY CONSOLIDATED BOND MATTER
Abstract from the decision rendered by Judge
Woods, in tho cause Of Rusaie Mhenhaut
and others VS.. the city OF New Orleans and

Abstract from the decision rendered by Judge
Woods, in tho cause Of Rusaie Mnenhaut
and others VS.. the city OF New Orleans and
others:
II am Of opinion that tho act Of 1862, above
mentioned, contains o contract pahd and
are entitled to exact the substantial perform
ance Of the contract have SO held upon the
former hearing of the case, Maenhaut ct al.
VS. the. city of New Orleans, Woods, 1os.
constituting. as itdoes. n contract between the
city and the bondholders stands tnafecfcd
by ann subsequent legislation that seeks to
impair Or repeal its provisions. But the rem
edy of the eotnplainants TO enforce their con-
tract ia clearly not In equity, but ut law, by
and bonds, and by The writ OF mandamus
commanding the levy and collection of the
tax required by law. The relief at law is
plain, adequate md complete, aud equity can
not BIZ res0rted to-"
ABSTRACT
from the decision rendered by Judge Billings
In the case OF Morris Ranger vs. the Mayor
and Common Council Of New Orleans, dated
" But among the statutes of the State with
reference. to the city Of New Orleans, and
among the general statutes of tho State. are
found acts that give the absence of any par
tlcular means OF payment In d city ordi-
nance creating debt.a special significance
"1he det Of 1859, No. 81. entitled An oct 10
consolidate the city Of Neao Orleans. and pro-
ID, contains the fot1oning proptston:.
And no ordinance tof the city of New Or
leansl creating Il debt or loan shall be valid
unless for some single object or work dis
dinance shall provide ways and means for
the punctual payment of running interest
during the whole time for which said debt or
loan shall be contracted, and for the full and
pnnctua discharges at maturity OF the capital
borrowed or the debt incurred"
ABSTRACT
from the report Of Judge T. Wharton Collens,
Especial master in chancery,' approved by
Judge Woods.
XXI: On all points of inquiry generally, /
report:
frrevocable check and safeguard for tho bene-
fit and advantage of the holders of the con-
solidated bonds No debt could be contracted
except according to its provisions. The hold
ers OF the bonds are entitled to precedence in
the collection OF taxes on lands and slaves,
and to the suppression of any demand for
payment OF any subsequent debts that would
with or prevent the payment of the
consolidated debt, unless such subsequent
debt was contracted upon compliance with
the terms and conditions of the act of 1856"
IN THE CASE OF MAENHAUT VS.. NEW ORLEANS,
before the United States Circuit Court for
Louisiana, Judge Woods, in the written rea-
sons assigned by him for Judgment, uses the
language:
'In the argument upon the motion for in
junction 1t was claimed by counsel for the city
that the act of 1859 was in violation of the
constitution of 1916, which was In force when
that act was passed, and which declared (arti- |
Gle 1910 that taxation shall be equal and uni |
form throughout the State. The provision of
this act of 1852, which Is deemed to CONTRA
yene this constitutional requirement. is this
The rate per cent Of said tax In each munich |
pality shall be in proportion to the indebted
ness of each l cannot see any conflict be- |
',reen TIE la,c and the constitution. AS at pres
ant advised, / do not think the objection to |
she law well founded"