The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-31
A CARD.
CITY CONSOLIDATED BOND MATTER

Abstract from the decision rendered by Judge
Woods, In the cause OF Rosalie Maenhaut
and others VS.. the city Of New Orleans and
others:
II am Of opinion that the act of 1869, above
mentioned contains q contract valid and
binding on the city, and that tho bondholders
are entitled to exact the substantial perform
ance OF the contract, have SO held upon the
former hearing OF the case, Maenhalt ct al.
VS.. the city Of New Orleans Woods, 108
constituting, as 1T does, n contract between the
city and the bondholders, stands unaffected
BY any subsequent legislation that seehs 10
impair or repeal its provisions. But the REM
edy OF the complainants to enforce their COM
tract is clearly not in equity, but at law, by
the recovery Of a Judgment on their coupons
and bonds, and by the writ of mandamus
commanding the levy and collection OF the
plain, adequate and complete, and equity cam
mot be res0rted to-"
from the decision rendered by Judge Billings
I'm 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 the State, are
found acts that give the absence OF any par
ticular means OF payment In o city ordi-
nance creating debt, a special significance
"The act Of 1852, No. 81, entitled An get to 4
consolidate the city of Neue Orleans, and pro-
pide for the popernment,' ETC.. section 81, page
"a, contains tn, folto,oing provision. :,
"'And no ordinance (of the city OF New Or
leans creating debt or loan shall be valid
unless for some single object or work dig
tinctly specified therein, and unless such or
dnance shall provide ways and means for
dnrbps 6e %hJe ye o 81 which ad q
loan shah 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 Collens,
special master in chancery," approved By
Judge Woods.
'XI. On oil points OF inquiry generally,
report:
II. That the act Of 1859 was-assigned as an
irrevocable check and safeguard for the 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
interfere 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 1866
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
following 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 larti-
Gle 1871 that taxation shall be equal and uni
form throughout the State The provision Qf
this act of 1852, which is deemed to eontrN-
vene 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 / cannot see any co7.ttlct De-
t,yee, The la,r and the constitution Az at pres
ent advised, | do not think the objection TO
the law well founded"
The Colonnade Hotel, Philadelphia Pa I'M
doraed nv eminent and distinguished visitors as
a model establishment, will be an exception