The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-30
A CARD.
CITY CONSOLIDATED BOND MATTER

Abstract from the decision rendered by Judge
Woods In the cause Of Rosalie MaenhatIt
and others VS.. the city Oh New Orleans and
others:
II am Of opinion that the act of 1859, above
mentioned, contains q contract vdlid and
binding in On the city, e end md thht The
auee OF the contract have SO held upon the
former hearing Of the case, Maenhaut ct 81.
vs.. the city of New Orleans, Woods, 108.
The thirty-seventh section Oh the act oil 1869,
constituting, as 1t does, d contract between the
city and the bondholders, stands unap ected
by otny subsequent legislation that seeks 10
impair Or repeal it's provisions. But the RENE
edy Of the conplainants to enforce their com
ths . y po1 N ta AM
and bonds, and by The writ of mandamus
tax required by law. TIE relief at hso IL
plain, adequate and complete, aud equity can
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 he to the city a e new 3prsaa s
found acts that give the absence OF any par
tctllar means Of payment In d city ordi-
nance creating debt. q special significance
ae aet e. ls5 5 y ~ Nh 81 e 9,rsaas ~ na a
ride for The government ETC., section 81, page
3D. contains tie folto,ein1 7,roviaiOn.:
"'And no ordinance tof the city Of New Or.
leans) creating a debt or loan shall be valid
unless for some single object or work dis
tinctly specified therein, and unless such or
dinanee shall provide ways and means for
the punctual payment. Of running interest
during the whole time for which said debt OK
loan shall be contracted, and for the full and
borrowed or the debt incurred
ABSTRACT
from the report Of Judge r. Wharton Collens,
special master In chancery,' approved BY
Judge Woods. s.,
I'll That the oct OF 1862 was assigned as on
irrevocable check and safeguard for the bene-
fit and advantage Of the holders Of the con-
solidated bonds. No debt could be contracted
ers of the bonds are entitled to precedence ID
the collection Of taxes on lands and slaves,
and to the suppression OF any demand Tor
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, ia the written red
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 1885, which was In force when
that act was passed, and which declared tarti-
Gle 127) that taxation shall be equal and unis
| form throughout the State. The provision OF
| this act of 1862, which is deemed to contra
vene this constitutional requirement is tEls
| The rate per cent Of said tax In each munici-
pality shall be jim proportion to the indebted-
ness Of EACH Il cannot see any conflict be-
tleeeY The lnsc and the consultations. AS ct pres
emit advised, do not think the objection TO
| the law we'll founded"