The New Orleans daily Democrat., 1878-02-16
AeCARD.
CITY CONSOLIDATED BOND MATTER

Abstract from the decision rendered by judge
Woods, In the cause Of Rosalie Mhenhau
and others vs.. the city OF New Orleans ant
others. -.-gl
'T am Of opinion that the act of 1852, abov,
mentioned contains q contract ualid ant
/ binding on the city, and that the bondhoIders
are entitled to exact the substantial perform
ance OF the contract, / have so held upon the
former hearing OF the case, Maenhaut ct al
The thirty y-seventh section OF the act of 1852
constituting, as 1t does, O. contract between the
city and the bondholders, stands unaffected
by any subsequent legislation Mat seeks to
impair or repeal its provisions. But the rem.
| tract is clearly not In equity, but at law, by
| the recovery of q Judgment on their coupons
| and bonds, and by the writ of mandamus
commanding the levy and collection of tbs
tax required by law. The relief at tnag ID
ptatn adequate a,.d complete, and equity cam
not be 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 the State, are
found acts that give the absence of any par
ticular means Of payment In city ordi-
nance creating debt, q special Significance
consolidate the citV Of Nep Orleans, and pro-
r.de fer the gore,nment,' ETC., section 81, page
And no ordinance (of the city OF New Or
leans creating q debt or loan shall be valid
unless for some single object or work dis
tincty specified therein, and unless such or
dnance 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
punctual discharge at maturity Of the capital
borrowed or the debt incurred"
ABSTRACT
from the report of Judge T. Wharton Co1lens
special master In chancery," approved by
Judge Woods.
"XI. On all points OF inquiry generally, l
report, 80,
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 it's 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. 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
following language: ..-z.
"In the argument upon the motion for in
junction 1t was claimed by counsel for the city
that the act of 1862 was In violation Of the
constitution Of 1916, which was in force when
that act was passed, and which declared larti-
Gle 127l thai taxation shall be equal and uni
form throughout the State The provision of
this act of 1852, which Is deemed to contra
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 dny conflict be-
taree,, me tao and the constitution. AS at pres
ent advised, / do not think the objection to
the law well founded"