The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-05
THIRD DIs'rRIGr COUNT.
The ConsoIiaated Bonu Case.


THIRD DISTRICT COURT.
/ The consolidated Boru Case.
ii Judge Campbell yesterday resumed his argu-
ment for relator liz The case 81 Southern Bank
VA M ,yor Pilsbury by reading q case In otto
Isl. Lawrence county vs. Albany countyl. 70
s soptro ie the division Of COUNTIES and otser
local org nizatons without atfe,ting the linbili-
ties Of any portion Of such local divisions pre-
After reviewing the points elaborated BY him
on Thursday in relation to the equality and
the decision of Gilman, Black. to show that
Tie uniformity Of taEatl?n only a p, t2
also from various Louisiana decisions, to show
that to make taxation uniform does not REQUIRE
ha II svea on GLASSES species Of prop
erty they shall be uniform over such respective
classes. The local governments may ,diserim,
others. accordingly, as directed by the Legisa.
tuirre.. :" Uniformity does not prevent or forbid
The apportonments OF debts among local
divisions Is not matter Of constitutional regu-
lation but Is entirely controlled by the Legisla-
Judge Campbell then proceeded to show that
the right to impose this tax rested Yp e, the
brought o by the Board Of Liauldators IN 1851
Ae o sasoas ha me- act o hs
Iagislature could relieve the municipalities
from the obligation on Its contracts without the
consent of It's creditors
Judge Campbell referred to the effects Of the
security given by The eons9ida,ted act II, IL emf.
the city to s b Us aYs 81 ee wo
such securities as this contract gaye2 Even
Great Britain. the United States. or any other
nation could not borrow money without secur-
ity In the funding act OF Congress of 17a1. our
government gave securities Of q like character:
and thus only could it establish the credit OF
(; Judge Campbell next proceeded to maintain
, the res judicdta Of the decision Of Judge WOODS
In Tie Maenhaut case. He showed that the
pleas set up Ia that case the parties the sub,
feet matter, and all the questions involved we're
the same as in this case md me ad ,aine
Heread from 4th Otto q case fully covering this
position, to show that where the points litigate
and determined we're Identical This plea could ~
!, point Martin was read as to the Roman law.
that judgment On claim i9r Interest p Pre- was
res ddiuiedtn as to the principal. Ii the bonds
! were illegal the interest must also DO illegal.
Judgment for the interest must deter,nine the
Ssy q ne ss dws on IL uy s efe w
the equality and uniformity OF i, this tax vas
Observation-Disclosures ted before Judge Woods, and by
! Judge Campbell then proceeded to inquire
9 whether this contract, had been impaired He e
esea the sRs Ike 9y ns CITY o ass
!! Woods to procure the passage OF the premium
act. He designated this as clandestine trans Y
the object Of the oct was not stated In the itl".
Its object was a wanton destruction OF the secu-
9s in the eaf S Q, h SSa IL wema as
: compact Its abolition of the tax was destrue-
ton of the pith and marrow Of t The contract
I the city administrators set themselves to do.
: Excited by their lottery scheme they pro.
e whieh had 1 BEEN tTecosnzed for twenty
It 1--WE years. They sought to paralyze even the
judicial power, by usurping the same N, to them,
ssue mandamus. They were carried to these
, extremes by their sudden affection for the lot-
$ N ,nts probably from Nero, who on festal days
2 the people with false hopes or from HsiI'2Ea,
4 the prtsas in such lotteries 10 consist of small
coins and Of pasqunades and indecent pictures
bea WITH The eseoeraphy Of this
It word lottery. which had been traced 10 the word
o It was not only the remedy but the right o.
these creditors. which these administrators
sought to nnhate by hst an b 1pts'
t the debtor. Various authorities were read te
show the nstitutionalitv Of this action;
Authority was read as to the is sfgt scope o.
q viewed the various applications Of mandamus
9 in England, and showed presidents t9 g. iustrat.
Only on writ By which the courts con compel public
y officers who are charged with eaeetiag take.
or sess aaY can s s The s
tsS9 a vA0 p aSsaS' sSsiFh duty VIZ
n writ been adopted In other countries2 1t Ii
= because whata ,mandamus issued by j4dg'
here Is s and
'e power and DEGREES. When commune refuses
y to do its duty in France. the king and eounsse
ID military or other force to perform the duty fol
Q them. It is one of the proud CHAMPIONSHIPS Of
a our free institutions. that we employ q judicia
|. the rights of parties and the discharge of dut1
y against public officials. ..,..ax
q with great earnestness. He gave vivid sketcl
! of the contest in Kentucky in 1921. which re
e and in the Anal triumph Of the old court which
}, had dared to decide the mneonstitutionality o
!; stay and replevin laws. The OLD court survived
y: been received with the greatest respect and nd
J, miration by all jurists whilst no one ever re-
. court which had had bri and inglorions ex
It istence. He quoted largely from the decisions
.. Of The old court as reported by Judge L. u
Judge Campbell then examined the e, va arIoa
aec Of our Eessatare seeking to deprive cred
l. itors of the city of the right OF mandamus,
The last point argued BY Judge anP Ell wa va
I've title ever devised On the general question
son e He be a 1sod reaf ons
da Hs an IND indllvisbe contract in which man
4. others were Interested. He referred TO To
y. great case arising out Of the division in tn
OF Methodist Church controversy. The eontrae
Great ed by the act of 1852 was an indivsible one
g. It could only be enforced by one order and on
transaction of the city,. which was require
er every year to levy specific fund Tor specin
u purpose.
ly At33o Judge Campbell closed his argumen
"a and the case was submitted to the court.
q
is THE BIG CIRCUS.
Van Amburgh's big circus and splendi
menagerie showed in Carrollton last evenin