The New Orleans daily Democrat., 1878-02-20
A CARD.
CRY CONSOLIDATED BOND MATTER

| Abstfaet from the decision rendered by Judge
Woods, In the cause Of Rosalie Maenhani
and others VS.. the city OF New Orleans and
others:
mentioned, contaits contract ratid and
binding pn The city. and thai the bontlholders
| are entitled to exatt tle substantial perform
Rnce Of the contract, | have 50 held upon the
| former hearing Of the case. MaaIlllhut ct al
vs.. the city of New Orleans, iypods, 1Os
The thfty-seventh section Of the oct Of 1859,
constituting as It inps. n contract between The
city aud tie bondltplders, sfa',da unaffected
bV any subsequent legislation thu aeeka to
fmpdn or repeul Hs 1,ropiatons. But the REIN
edy Of the tomplainants TO enforce their con
tract s clearly not in equity. but Mt law by
the recovery Of o Judgment On their coupons
and bonds. and hy The writ Of ,nandamus
ss s M swy syy fa W. ,ss"p rsss :" 3 II The s
plant ddeqndt md complete, and equity cum
not be resorted to-"
ABSTRACT -
from the decision rendered by Judge Billings
IN the oase 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
found acts that give the absence Of any pa,-
tieular means Of payment in q city ordi-
t,at,ee creating debt, q special significance
1.-THE ncte,f 1862 No. 81. entitled Ar oct to
copaolidnte The tity Of Netr Orleans, and pro-
nide tor hs gorne,,,e3nt ETH settion 81, page
htAnd no oldngnee (of the city Of New Or
leat,s) creating q debt OF loan shalt be valid
unless for some. single object or work dis
tinctly specified therein, and Unless such Or
the punctual payment of running interest
tlurlllg the whole time for which said debt ul'
loa1sshall be contracted. and for the full and
punot,al, discharge ct maturity ,of the capital
borrowed ot the debt incurred
ABSTRACT
from the report Of Judge +. Wharton Collens,
',,specia,l. master io ehancery," approved by
f "Xf On Quail ali points OF Inquiry generally, /
II. That the act Of 1859 was assigned as an
irrevocable check and safeguard for the bene
flt and advantage Of the Holders Of the CON
soldated bonds. No debt could be contracted
except according to Its provisions. T4e hold
the collection Of taxes On lands and slaves,
and 10 the suppression Of any demand fpi
payment Of any subsequent debts that would
Interfere witt, or prevent the payment 6f the
consolidated debt unless such SUBSEQUENT
debt was contracted upon compliance with
the terms and conditions uf the net Of 1885"
IN THE GAsH or MAHNHAuT va. NEW ORLEANS
before the United States Circuit Court for
Louisiana. Judge Woods. III The written rea-
sons asssHed by him for Judgment uses the
I'm 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 ts45, which wasoin force when
thSt act was passed aud which declared larti-
Gle tan il,si taxation shall be equal and uni.
form throughout the State The provision Of
this act Of 1862, 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 l cannot see anp conflict be-
t,reei, the late and the constitution As ut pres
ent advised. | do not think the objection 10
the law we'll founded"