The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-17
POLICE WARRANTS.
Opinion Delivered by Judge taunrOc, O1
the Third District Court.

STATE Elk REL. A. BRITTIN Ell AIS. VS.. CITY OF
NEW ORLEANS.
In October. 1877, A. Brittin, M. Daunoy. H. F.
Swetherham and others presented petition to
this court. representing that they were the
holders of warrants issued by the late Board of
Metropolitan Police for various months in the
| years 1874. 1875 and 1876.
| That by act No. IS Of ST. said board had been
alb 1lished and the laws relating thereto repealed.
| and that the money collected for the expenses
of said .pnica had been turned over to the Off
| GERS of this city.
Petitioners, therefore, prayed for writs of
mandamus directed to the officers of the city to
compel the disbursement Of this fund.- 1t ap-
writs we're refused. Application was, then
| made to appoint a receiver, and Mr. u. E. Har-
rison was nominated on his giving bond of
$40, 900. He filed tableau showing what money
| had been received by him. and what claims had
been presented to him. public notice was then
given that all persons should come forward and
to the Investigation Of the tabeau as they might
see fit. Several opposstions were filed, esDe,
cially by persons who had not before presented
| their claims. Before considering any claim 1t
| is necessary to determine a question which
affects tue whole of them, to wit: The manner
This ons sga to BE- ba It
lected for a particular year should be distribu-
ted equally. among all the claimants for that
elaimst against the fund for ca h year should
be paid by preference based on priority Of date,
those Of even date sharing equally.
In support OF the first proposition, 1t Is ar
gued that the law gives no claimant the prefer
ence over any other claimant for the same year.
except tor salaries and as Quoad the fund attrib-
assimilated to proceeding in bankruptcy as
between unsecured creditors.
In support Of the second proposition it is
argued and proved by abundant testimony and
without tsntradiction that before the Board Of
METROPOLITAN Police was abolished it was their
custom to pay the oldest claim first
Thn nj HnIu fcal wi ,ohon 1,,fa
rule governing the question and feels bound to
adopt that course which is manifestly most con-
sistent with equity and fair dealing
Considering the question of distribution on
the basis that the Oldest claim is entitled to
preference for each year. no special opposition
e1ce e sny s
ct ais, who specifically opposed certain claims.
Act No. 80 Of 1874 provides that the members
out of any funds received by the treasurer and
ment."
AS all of the claims urged against this
fund must be presumed to have been created
with reference to this law. there is no reason
Why they should not BE- st BY it.
are ustained and adiudged to make part Of it.
except G; Lanaux';s opposition. which is dis
his # mt are s
nerville, which apportionment is collected by
the authorities OF that town, and not Of the city
Opposition of J. Dejean also is sustained sub
ject to the agreement on file between counsel of
said Dejean and I. A. Flanagan Esq
1t is further, adjudged that out of the whole
funds in the hands Of the receiver all costs be
paid. and that the funds collected for the sew
era years 1874 1875 1876. be distributed pro rata
among the claims for salaries of members. of
the police for said years that said distribution
be made first among the claims for salaries for
October of each Of said years, second Novpm-
Der. third December. and lastly that the other
claims for said years be paid in the same man
ner.
It is furthered ordered that the item Of
s453e IS. placed upon the tahlean as supple
mental pay roll for 1876" be disallowed reserv-
ng, however. to the parties interested the right
to litigate their claims further against any, sum
the receiver for said year 1875.