The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-05
ANOTHER BATCH OF QUESTIONED
BONDS.

| A legal condensation has arisen between
the wharf contractors and the city which
will illustrate the wisdom and policy OF the
| course and duty we have 30 constantly and
urgently pressed upon our city administra-
tors. II Is the failure to perform this duty
which has created the strong sentiment In
favor OF scaling the debts Of the city and State.
| The administrations Of the State and city
governments persist In paying, recognizing
and funding Illegal, invalid and, In many re-
speets, fraudulent debts. To resist and reject
| such has been denounced rs reputation,
and dealers In uncurrent securities have made
such good use of this elamor and vitupera-
ton as to deter our officials from the dis
charge of their plain duty as trustees and
agents Such officials are bound TO resist all
claims against the funds of their constituents
which are not clearly legal and valid Like
executors and guardians, they must set UP all
pleas and defense which can be found In the
law and facts against all claims against the
estates thsy administer. They have no right
| to regard sentiment or higher law morality
as 1t ID styled, but must always stand on the
strict law as 1t is written, and keep within
their prescribed line OF duty and power.
Il H.
case or Lewis vs.. the City Of Shreveport, sup
plies an example Of the necessity and policy
Of municipal officials adopting and steadily
pursuing this course. In that case the city
of Shreveport Ia saved from bankruptcy
through the plea set up by its present adj
mlnistrators against the validity Of an issue
of bonds made by their predecessors, which
the court decided is q good plea.
This example should be followed by our
city administrators. So we urged In regard
to the railroad bonds, which were not opposed
| by the city, and upon which nandamus has
just issued from the Supreme Court ordering
the city to assess and collect q tax therefor.
And now we have developed by the contro-
versy between the wharf contractors and the
city another large indebtedness OF the city,
against which 1t has valid defense, OF which
the administrators refuse to avail. but per-
sist In recognizing and collecting from the
people large sum annually to pay When
We say that these bonds are recognized as In
valid. we do 80 upon the argument Of the city
attorney, q copy Of which Ia now before us.
| This 10 the brief Of that learned and accom-
plished counsellor s. r. Blanc. assistant city
attorney, in suit brought some time ago on
| these wharf bonds In the Superior
District Court. The present city adj
ministrators found themselves embar-
raised and prevented from availing
themselves Of their defense by contract
with the wharf contractors and collectors OF
wharf dues, which obligated the latter to de-
vote nearly one-half the receipts from the
wharves and levees to the payment of these
bonds. The consequence of this arrangement
Is that the receipts from our shipping, which,
under the law and sound and just policy.
should be devoted to the maintenance and
repairing the wharves, are thus diverted to
the payment of bonds Issued by q former
Radical administration, of very bad repute
which bonds are pronounced illegal and
fraudulent by the city attorney, and are be-
lievod and held to be SO by the
best legal authority. Of course no
one can blame the city authorities for
enforcing the obligations of the wharf con-
enforced rs to continue the recognition
and payment of an Illegal claim to the
wrong and oppression Of the taxpayers.
tho wharf dues instead Of being applied
to the Improvement Or the wharves
and levees, for which alone it is legally
assessabe and collectible, will be paid
out for illegal and invalid bonds. Already
have 100000 been thus paid. It is proposed
to continue the payment until the remaining
100000 are paid. This may be to the adj
vantage of the wharf contractors. but we do
not see how 1t can be to the benefit of the city
or just to those who use the wharves and pay
the dues for such use Those dues should
either be reduced or applied to the extension
and improvement Of the wharves.