The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-06-26
THE NEW ORLEANS DRMOORAT WEDNESDAY, JUNE 26 187

apparatus used by JEFF. Harrison and Elijah
Bush, as vidangeurs.
On motion the approval Of the Council was
granted
The following communication was ordered
spread on the minutes:
Law OFFICE OF JAMES MCDOWELL,
| 10 Comm ercial Place,
New Orleans, June %, 1878.
Hon. q. Pilsbury, Mayor. and Board of Admin.
istrators OF the City OF New Orleans:
Gentlemen you have from time to
time been made acquainted, verbally by me,
with the progress OF the Gaines litigation, It Is
proper that / should, as your special counsel
in these cases, report the condition of these
suits, SO far as relates to the interests of the
city, in such form as may be referred to by
| your successors If necessary.
l. BY O recently adopted resolution you au-
thorized the City Attorney to have tran
script Of the record Of the suit of Mrs. Gaines
| against various defendants for whom the city
was warrantor, made at the expense Of the
! city, provided any party for whom the city
was warrantor should appeal from the decf-
sion and desire such record. / regret to say
| that so far as / know, not one Of said parties
have ayailed themselves of the opportunity
| Afforded them by your resolution of taking
] such appeal. Therefore the decisions of Judge
Billings, affirming the existence and validity
q the will Of Clark Of 1919, and decreeing that
L
| ties sued for and In their possession to Mrs.
| Gaines, remain undisturbed.
| 2. The great and really important question
lin which the city Is deeply interestedJ re-
mains yet undetermined as TO the rents and
| revenues, or value for use, these defendants
are to be severally condemned to pay to Mrs
Gaines.
This matter has formed the subject of pro-
traeted and hotly contested litigation, which
has continued almost without intermission
since the first decision of Judge Billings on
the merits was rendered, over two years
since.
Mrs. Gaines is seeking to obtain judgments
for large sums OF money against these n1l-
merous defendants, who possessed lands
which were vacant swampy and unprodue-
tive, that never yielded any rents or revenues
or value for use whatever, and by no possible
means could have been made to do so had she
herself been In possession Of them.
The litigation In regard to this subject of
rents and revenues of the lands in question
has been conducted for the most part during
the period above mentioned before two mas
ters in chancery, who differed entirely In their
opinions and rulings.
One Of them, J. w. Gurley, ESQ, an expe-
rienced lawyer OF learning and ability held
that under the Jurisprudence Of Louisiana,
there could be no such recovery from posses
sion OF vacant lands as rents and revenues
and value for use, even when the possessors
were In bad faith, when no such rents, etc,
had been received.
The other master, E. Sabourin, ESQ.,, held
contrary opinion. The reports Of Mr.. Sabou-
rim were duly excepted to, but, on hearing,
the court reversed the rulings of both the
masters, rather commencing those of Mr..
Sabourin But upon further argument Judge
Billings remanded the reports to Mr.. Sabou-
rim, with instructions to allow the defendants
opportunity to offer additional testimony
upon the question as to what rental or value
for use the vacant lands In question were sls-
ceptible Of, and 1ghetiser Mrs. Gaines could If
aIn had n. 4
haue obtained rents and revenues from them,
not by the ren0te8t possibility bit By The use of
0rdEDnry means.
Upon this last reference q vast amount of
testimony has been taken. The master, Mr. E.
SabouTin, persists however, in returning the
same reports precisely as If no testimony had
been taken. Exceptions to his reports will
be prepared and filed in behalf Of the nu-
merous defendants during the next twenty
five days. and the causes will then be heard
by assignment of Judge Billings, already
made, on the third Monday Of November
next
The question involved is one of vast moment
to the city, and we are not without hope, from
the last ruling, Of Judge Billings, that the
Illegal and exorbitant findings Of Mr.. Sabou-
rim, in favor OF Mrs. Gaines, will be greatly
reduced.
4. In regard to the suit Of Mrs. Gaines
against the city for the rents and revenues OF
strip OF land 10 feet wide by 1870 long, sit
uated In the banquette of North POydras
street, opposite the market obtained from
). W. Gurley Esq, the master to whom the
matter was referred, favorable report re
iecting the demands of Mrs. Gaines, but I'M
der the recent rulings of Judge Billings the
matter Is reOpened and must be retired For
the, rent etc, Of this little strip of land Mrs.
Gaines demands from the city $500 per an
mum since 1886, with legal interest on each
annual installment, thus aggregating some
thing near 800, 900.
5. With the Breton Market case you are
all more familiar from the daily notices in the
city press.
In this case the city answered, In 1872. that
1t die not have possession as olg7er" Of any
part OF what was known as the Faubourg ST.
John tract Of land. Mr.. Flanders was then
Mayor, and an answer dscIainninp title or
to by him. After six years acquiescence In
this answer, the matter has now been referred
to the same master, Mr.. e. Sabourin, to test
the truth OF this answer, and to endeavor to
show that the Breton Market was built by the
city on private property Of Daniel Clark, and
hence that the city must account to Mrs.
Gaines az his heir for all the rents and
revenues Of this market.
An interesting feature In the case Is the
production in evidence by Mr.. w. II. Wilder,
agent and attorney for Mrs. Gaines, Of a
plan, which was Immediately identified by
Messrs. d,Hemecourt and Louis I'll. Pile as
the plan Of Lafon which had been distracted
from the books Of P. Pedescloux, deposited
there in 1909 by Daniel Clark himself and
from which, they testified, the words Place
Bretonne where the market stands) had been
erased. Mr.. Wilder testified that he obtained
this plan about six or seven years since from
Clark, the former agent of Mrs. Gaines.
This plan is now the subject of examination
by experts.
6. Let me say word In regard to the gen.
eral liability Of the city as warrantor.
There are about one hundred and eighty
persons more or less who have been sued by
Mrs. Gaines who purchased from the city
These persons may be divided into three
classes:
FjrstThose who have defended the suits
Second-Those who, although (Dogsiblv)
cited, have made no defense to her suit what
ever.
Thjrd-Those who are named as defendants
in her bills in equity, but haze meUer been cited
These three classes are about equal in num-
Der as nearly as / can ascertain; that is to
SAY. about sixty each. more Or Leg