The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-29
A CARD.
city Consolidated Bond VI after.

Abstract from the decision rendered by Judge
Woods, in the cause of Rosalis Maenhaut
and others vs.. the city OF New Orleans and
others.
Il am of opinion that the act OF 1852. above
mentioned, contains a contract valid and bind
ing on the city. and that the bondho ders are
entitled to exact the substantial performance OF
the contract / have SO held upon the former
hearing Of the case. Maenhaut ct al vs. the city
Of New Orleans, . Woods, 1os The thirty
seventh section Of the act of 1862. constituting
bondholders, stands unaffected bVanV subsequent
legislation that seeks 10 inlpnr or repeal its pro-
risions. But the remedy of the compliments
to enforce their contract Is clearly not In equity
but atlaw. by the recovery of Judgment on their
coupons and bonds. and by the writ Of man
damus commanding the levy and collection Of
plain, ddequate and complete, and equity cannot
be fesurfed to-"
from the decision rendered by Judge Billings
ip the cause Of Morris aanger The Mayor and
reference to the city OF New Orleans and
among the general statutes OF the state, are
lar means of payment in city ordinance Great
ing q debt. a spe ,ial Significance,
THE act Of 1852, No. 81 entitled An net to con
so1iddfe me- rtfv or Ne,c Orleans, and proride 10,
The government ETC.. section ~, page 81. contains
the JOH1Ctng provision:
,'''And no ordinance (of the city Of New Orleans
creating debt or loan shall be valid unless for
some single object OF work distinctly specified
therein and unless such ordinance shall pro
vide ways and means for the punctual payment
Of running interest during the who'd time for
which aaid debt or loan shall be contracted. and
for the full and punctual discharge at maturity
Of the capital borrowed or the debt incurred
ABSTRACT
from the report of Judge T. Wharton Colleos
special master in chancery," approved by
Judge Woods.
XXI. On all points of inquiry generally re-
port
revocable check aud safeguard for the benefit
bonds. No debt could be contracted except ac-
cordlng to its provisions The holders Of the
bonds are entitled to precedence In the colec-
ton Of taxes on lands and slaves, and to the
suppression of any demand for payment ri ans
subseuuent debts. that would interfere with OF
unless such subsequent debt was contracted
upon compliance with tho terms and condi-
tions OF the act of 1885,
IN THE CASE OF MAENHAUT Va. NEW ORLEANS
before the United States Circuit Court for Lou
siana. Judge Woods, in the written reasons as
signed by him for judgment, uses the following
language:
In tho argument upon the motion for injunc
ton ii was claimed by counsel for the city thai
the act of 1852 was in violation of the constitu
ton OF 1915. which was In force when that He
was passed, and which declared tarticls 1871 'tha
taxation shall be equal and uniform Throughout
the State The provision of this act of 1859
which Is deemed TO contravene this constitu
tional requirement is this: The rate per con
of said tax Ia each municipality shall be in pro
portion to the indebtedness of EACH cnnto
see any conflict bettreen The lao and The consttlt
ton As at present advised, / do not think the
objection to the law well founded" ja29 i'm