The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-07
new HAMPSHIRE vs.LOUISLADA
Supreme Court of the United States,
October Term, 1879.
The State of New Hampshire, Com
plainant, VS.. The State Of
Louisiana.
BILL OF COMPLAINT.

court Of the United States
The State Of New Hampshire brings this
Its bill Of complaint against the State Of Lou
is1ana and Edward A. Burke, who ls citizen
| OF the State OF Louisiana. and who is Treas
urer OF said State Of Louisiana; and against
Louis A. WiItz, who is a citizen of the State
of Louisiana and Governor of said State; and
against Samuel D. McEnery, who is Lieuten-
ant Governor of the State OF Louisiana and
is citizen thereof; and against Allen Jumel.
who is Auditor Of the State of Louisiana,
and citizen thereof; and against William A.
Strong, who Is Secretary Of the State
OF Louisiana, and citizen thereof;
and against Robert N. Ogden, who la
Speaker OF the House OF Representa-
tives Of the State of Louisiana, and q
citizen thereof; and against Samuel FL. Ken
nedy, who is Fiscal Agent OF the State of Lou
isIana, and member of the Board Of LIqui-
dation thereof, and citizen thereof. Aud
thereupon your orator alleges and shows that
all and singular the defendants before men
toned, other than the State of Louisiana, are
citizens Of the said State Of Louisiana, and
hold respectively the offices as herenabove
stated
Your orator further shows that prior to the
year 1874 the State OF Louisiana had CON
tracted Indebtedness to u large amount, to
wit. to the amount Of about eighteen millions
lstana has Issued certain evidences of It's said
indebtedness That complaint had been made
by the State OF Louisiana that certain OF such
Indebtedness was fraudulently contracted
and that the said State was not Justly liable
to pay the same: and on the other hand, the
persons owning the said indebtedness claimed
that the same was valid and that the State
was legally bound to pay the whole thereof.
circumstances, and In order to settle the said
conflicting claims, and in order forever to
liquidate and settle the indebtedness for
which the said State of Louisiana was liable,
and In order TO make full accord aud satisfac-
tion of all the said claims existing against
the said State Of Louisiana, and In order fully
and forever to secure such claims as should
be agreed to be valid, the said State Of Lou
isiana, by it's Legislature duly convened and
assembled did, In the year 1874, duly pass and
enact u certain law known as act No. 8 of the
statutes of 1874 OF said State.
That in and by section OF said act 1t was
provided that for the purpose OF consolidating
and reducing the floating and bonded debt of
said State, the Governor, Lieutenant Cover
nor. Auditor. Treasurer, Secretary of State.
and Speaker Of the House Of Representatives.
were authorized to cause to be prepared and
issue bonds, to be known as consolidated
bonds of the State of Louisiana of the denomi-
nation of 800, $500 and $1,000, to the amount OF
S15 100000, or SO much thereof as should be
necessary, all payable forty years from the
first day Of January. 1874 and all to be num-
bered consecutively and made payable to
bearer, and to bear interest at the rate Of 7
per cent, payable semi-annuaIly In the city Of
New York and the city of New Orleans, on
the first days OF July and January OF each
year, and that coupons for such interest
should be annexed to such bonds.
That by section Of said act 1t Was pro-
vided that the Individual defendants above
named, except the defendant Kennedy, should
constitute O board OF llquidatOn and that q
majority OF said board should elect fiscal
agent for the State, who should be member
OF the said board.
That by section 1t was provided that the
said bonds should be signed by the Governor,
Auditor and Secretary OF State, and that the
coupons thereof should be- signed by the
Auditor and Treasurer, and that, when so
prepared, said bonds should be exchanged by
the board of liquidation for all outstanding
bonds OF the State, and all valid warrants
drawn previous to the passage of said act
except certain warrants therein specified, at
the rate of 60 per cent In consolidated bonds
for one dollar In outstanding bonds or war
rants.
That by section of said act 1t was pro-
vided that the said consolidated bonds there
in authorized should be held and used by said
board only for the purposes of exchange as
aforesaid
That by section of said act 1t was pro-
vided that tax OF 81 mills on the dollar of the
assessed value OF all real and personal prop
erty In said State Of Louisiana, was thereby
duly levied, and should be collected, for the
purpose Of paying the interest and principal
Of the consolidated bonds therein authorized,
and that the revenue derived therefrOm should
be, and was thereby, set apart and appropri-
ated for that purpose, and to no other. And
that It should be deemed a felony for the fiscal
agent, or for any officer of the State or board
OF liquidation. to divert the said fund from its
legitimate channel as asaforesaid, and that upon
conviction thereof the parties SO doing should
be liable to punishment.
That it was further provided by section
Z that II, during any year, there should
be surplus arising from said tax
after paying all the interest falling due In
that year, such surplus should bs used for the
purchase and retirement OF bonds authorized
by suft att. such purchases to be made by the
offers after due notice:
That 1t was by said section further pro-