The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-10
A CARD.
0CITY CONSOLIDATED BOND MATTEL

Abstract from the decision rendered by Judge
Woods. in the cauae Of Rosalie Mnenhas,t
and others VS.. the, city OF New Orleans and
others.
II am of opinion that tho net Of 1862, above
mentioned contains ~ contract rdt1 and
binding on the city, and that the bondi,nlders
are entitled 10 exact tlse, substantial perform
ance of the contract. I have SO held upon the
former heaIiHg OF the ease, Maeuhant ct ~
vs.. the. city OF New Orleans. 2 Woods, 1903
The thirty@seventh section OF the net Of 1862,
constituting, as 1T astss, u contract between tic
city and tho boudholders. stmds nnhGecaed
IN am subsequent tegisiution faat seeha to
impau or repeal its provisions. But the rem
cdy Of tho colnpiainants to eut.ncn tllrlf con
tract Is clearly not in equity, but at law. by
the recovery Of n Judgment q, their coupons
and bonds. ana by The WRIT Of Inandamue
} commanding tho levy and collection OF tht
tax required by law. TIE reief at tnn IL
ptain ddeu,tate and complete, and equity car,-
mot be rf90rtaI to-.
ABSTRACT
In the case Of Morris Ranger VS., the Mayor
md Common Council OF New Orleans, dated
But among the statutes Of the State with
reference to the city of New Orleans, end
among The general ststutes Of tho State, are
found acts that give the absence OF any par
ticular means Of payment in q city ordi-
nance creating q debit \ special Significance
consolidate the city Of Ner orleans, and pro
pide for The government rte, acrfion 81, page
81. contains The fo,,o,rinp provision:
And no ordinance (ot tho city 81 New Or.
leansl creating n datt or loan shall Toe valid
unless for some single object or work dis
tinctly specified therein and unless srch or
dinaslce shall provide ways and means for
the punctual payment of running interest
daring the whole time for which s,id debt nr
loan shall be contracted. and for the full and
Vst,p IN 1 M
borrowed or tho debt incurred
ABSTRACT
from tho report Of Judge r. Wharton Collens,
.'speeial master in chancery," approved by
XXI. On all points Of inquiry generally, l
Il. That the act of 1859 was assigned as an
irrevocabte cheek and safeguard for the bene-
1T and advantage Of tho holders Of the con
solidated bonds No debt could be contracted
ers Of the bonds arc entitled to precedence in
the collection Of taxes on lands and slaves,
and' to tho suppression of any dcmnnh for
payment Of amy subsequent debts that would
interiors with q, prevent tho payment OF the
consolidated debt, unless such subsequent
debt was contracted upon compiancs with
the terms and conditions Of the act Of 1856"
IN THE CASE or 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 it was claimed by counsel fnrt the city
that the act Of 1859 was IN violation of sthe
constitution Of 1916, which was In force when
that act was passed, and whicl, declared (arti-
Gle 1910 IhattaXation shall bs equal and uni
form throughout the State The provision Of
this act of 1852, which is deemed to contra
ynno this constitutional requirement is this
The rate per cent Of said taS in each munici-
pality shall be in proportion y tho indebted
nCss of each OF cannot see ettSy conflict be-
tNeen the idtn and The consultation. Az at pros
ent advised, | do not think the objection to
the law we'll founded"