The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-15
CITY CONSOLIDATED BOND MATTER
A. CARD.

Abstract from the decision rendered by Judge
Woods, In the cause Of Rosalie Maenhau
and others vs. the city Of New Orleans ant
others:
II am Of opinion that the act Of 1869, above
mentioned, contains o contract palid ant
binding on the city, and that the bundholders
are entitled to exact the substantial perform
ance of the contract, have 50 held upon tbs
former hearing OF the case, Maenhaut ct oil
We. the city of New Orleans, 2 Woods, 1OB
constituting, as tdoes, n contract between ths
city and the bondholders. stands unaffected
by any subsequent legislation that seeks tt
impair or repeal it's provisions. But the rem
edy Of the complainants TO enforce their con
tract is clearly. not In equity, but Mt law, BY
the recovery Of u Judgment on their coupons
and bonds, and by The writ of mandamu'
commanding the levy and collection of tht
tax required by law. The relief at law 1,
plain, adequate and complete, and equity con-
not be res0rted to-"
ABSTRACT
from the decision rendered by Judge Billings
in the case Of Morris Ranger vs.. the Mayo
and Common Council of New Orleans datet
"Rut among the statutes of the State will
reference to the city of New Orleans, ant
among the general statutes Of the State, or,
ticular means Of payment in a. city ordi
"1he act Of 1862, No 81. entitled An act Il
consolidate the city Of Nee. Orleans, and pro
ride for the gore,4sssent, ETC., section 81, pag
land t no ordinance ord loSf the city Of New Or
leans) creating debt or loan shall be valid
unless for some single object or work dis.
tinctly specified therein, and unless such Or
dinance shall provide ways and means for
during the whole time for which said debt Oh
loan shall be contracted, and for the full and
punctual discharge at maturity of the capital
borrowed or the debt incurred o
ABSTRACT
from the report Of Judge r. Wharton Collens
special master in chancery,' approved by
'' "Xf 3 On o ali points of inquiry generally,
q. That the act Of 1852 was assigned as al
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 its provisions. The hold.
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 1855"
In THE CASE OF MAENHAUT VS.. NEW ORLEANS
DIOEt tIle UulUeN DbtNS5 tllCub touIb loI
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 1t was claimed by counsel for the city
that the act of 1869 was in violation Of the
constitution of 1916, which was in force when
that act was passed, and which declared larti-
Gle 1870 that 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
pality shall be in proportion to the indebted
ness Of each l cannot see any conflict be-
t,ceen the ha,c and the constitution. AS at pres
ent advised, do not think the objection to
the law well founded"