OCR Interpretation

Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, November 19, 1871, Image 1

Image and text provided by Louisiana State University; Baton Rouge, LA

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83016631/1871-11-19/ed-1/seq-1/

What is OCR?

Thumbnail for

t1. i a' s -w r 3:.k
" . l; 1 1 SHED EN E RYS~.-·a
.; .;.NI) M4J-I)AY MOR -
c iYT OIN 'H" . -'ýr"E"x O'
S' KELS4O, RArtwso.
H~t W ---dtr
F, p). s.~ INICIIBA (K,
oR' ? t:ee7nP ir~w1 ityoN 'ý
astir........ 300I
~M uaager.·
... ... ...........1 50
. Gi.
Tie ]4au1Siali&!I.
lý . p:dedN rcn to eatablsh another
T" - .r an nal in New Orleaua,
,l); of the LoruviIRIAM ,
Snte'e'eity which ham
", ,..,J; ,. ^ .:. borln't inic14 pIeinfiue -
t,;, 1,: 1'lie tra:isj,;tioi Matte
u t: 1i'r striuglingefforts
INti-.t u ill thle Bhody
,' .. wl~u-l, we mneei' to hIe their
r"ý it ;a r, ,e~r1"o that mou-t infor
A:¶ )+, gulaJrr""., euoouragegtent.
n-1,4 du1 1 reproof have Hxetl' 1owt, in
,:reMri'oeflM of the lak of a moeium,
ba ic li thtWeee dee'iCienci might
,m nl1'"1. We Ahalietrivo to sake
ý.·. ? ,T"O.4eN1A.a A dsjeid rturn in then
rncr Imootto izdZc('ateR, thi Lou"I
N-iX&ha.d 1" Re1~ ? "e1+ dr all
".»J'"n"/ roll cir4.",.rtkmL., , in, es Wt
,,d, ~'brr~aa l b ~ Vie~g nlc~jp
e.Ioaxt.ei tho0 peurity 'nen enjony
>o b f hre deiii liberty. tiui aineo
,.-;p>elity of itI inin iwtorrt t.h:, lHsw.
,i.n irnp'rniel (ifiribuuuo of b1 :,
t and patIon Rg to all, who nerit
i' +.ir~me of elln-eying aniuDoexities, of
,'".reting tho memory of the biter
+ rttf 7irnmotdng harniony and union
s. c;g ill dama aind betwee~n el inu
.""r. a hhadl advoeast the removal
Sutical dizehilitiee , fhate'r kind
-- i forhearanneui, where malignity
,: rs-l-'ntnent rteignsd, and meek for
.;."...-·sd juitiee shere wrong and
',,non prevaiesd. TLus united in
::r 5io, :end objeseet, we shall eonwerv.
K.f , iriti~rc4s, elevate our noble'
to an enviable position among
*.-lr Mq'etas, by the development
. ,uueitale reeaourees, and slecurte
' ':' aetits of the mighty ebangeF,
Si iry and condition of the
i a-i" .:il the Country.
L,"; , win that theirs can be no trne
J:L.v *AtiF~Iit %he auprsmlaevc of law·,
eL·~ul:ri' a ht~riet alud undiacrimi
:"n; Mjflin~i.lrtiofl of justieo.
'fs. s'ipp oll'rt tlce~ doe~truinc f
ii;:' of l:l~ uf tnst;eticslalilongr
r-~':I. ~' ·)uc~ ii the' tiXI)c·tli
U''' M], tnte· or Con~ntrv' andl the-/
- '~i· of eC'erj legitimate obliga-;
7ri2::. e;1( rin thne cdrr~l'ing oto
')-.. booI~l emS~cl~tem, send urgeh
~A~ "feL~;~ int didv th. edu~rcation o~f
es ''Ui, vit!ilyl cnlnctd\ w~ithl
:" £ "'Illcl iclln, rld thle wcei
:' I "k: ~~ility of a Republican
~~'liortu,l mnlyl, independent,
O 'eUi'r paper', from an ephem
~' ndLeipom, oisesboe, andi
btihhh it upon a bariq, that if wpe~
*I~i 'ehidi1in~d.'~ weC shal at all
60C Camp"I Strooct,
)wEW oULriNS,
Ben Rattle was a soldier bold,
And un.ed to war's alarms;
But a cannon-ball took off his legs,
S So he led down his arms.
Now, as they bore hitm off the field,
iSaid he, "Let others shoot;
For h,.re I leave muy second leg.
And the Forty-eocond foot."
The aramy surgeons made him limbs;
Said he, 'lThey're only pegs,
But they're as wooden membel quite
As represent my legs."
Now Ben, he loved a pretty maid,
HIer uine was Nelly Gray;
So he went to ply her his devoirs,
When he'd 'dertvr'd his IUly.
But when he called on Nelly Gray,
She miade him quite a scoff,
And when she saw his wooden legs,
Began to takc tciat off.
"Oh Nelly Gray ! oh Nelly Gray !
Is ti;.s your love so warm?
This love that loves a scarlet coat
Should be more unifnm."
Said she, "I loved a .oldier once,
For he was blithe and brave;
But I will never have a man
With both legs in the grave.
Before you had these tiaber toes,
Your love I did allow,
But then, you know, you stand upon
Anothr .o,,'i,.j now.
Oh fe!se and fickle Folly Gray,
I knoa u- y you rtfu',e:
Thtugl' I vc. no . i, ,vhr man
Ia standingl: in may rsoes.
'I wish I ne'er had seen your face;
But now, a long fareweil l
For you will ie my death; -alas !
You will not be my Nell!"
Now when he went from Nelly Gray,
Ilis heart so heavy got.
And life was subh a burden grown,
It made him take a knot.
So, round his melancholy n.ck
A rote did he entwine,
And for the sxe',nd time in life,
Enlisted in the Line.
One end he tied around a beam,
And then removed his p'egs
And. as his h/:s we,r 4., of course,
lb soon was ,f Lis li',:js.
And there h, hung till he was lead
As any nail in town :
For thouh,' diitr.ss Lad cutt hmu qI',
It could not cut him ,lou,,.
4ot' enth )istriet ('ourlt.
S!.i'iorTNT TO MuERCIItts A.'1 BANK
nys--Juv-b CoI.uss Diornt.
The court has delivered the fol
lowing opinion, which will be found
of intytrest to the business commu
New Orl~aus Canal and Banking
Company' vs. Stewart & Richardson.
The pl:intiffs, who are bankers, sue
defendlants on a balance of account
of deposits. In this account there'
is a charge of $3500, amount of a
check drawn 12th November, 1869,
to the order of and indorsed by
Huger & kin. If this chek weret
not charged the balance would be
in favor of defendants insteuad of
being against them.
On the 12th November defend
ants loancdi this check to Huger &
Bein, whose check for a like amount,
on the Crescent City Bank, they
took in exchangeo. Bfore the pre
sentation of defendants' check to
the Canal Bank they- were informed
that Huger & Bein were in failing
circumstances, and they inumediately
gave the Canal Bank a written
not ee not to pay the check they
hadl drawn on it, and the paying
teller promised to conform to this
inhibition; but afterward, on the
13th, at the usual hour for settling
balances between the banks, de
fcndants' check was inadLerta7tly
pIaid to the Crescent City Bank,
:ad marked accordingly. It ap
pears that as soon as Huger & 3ein
received defendants' check, they
indorsed it, in due course of busi
n ~se, anI for a valuable considera
tion to the Crescent City Bank,
who were at all times ignorsnt of
the equities between the original
Story on Promissorxy Notes, par.
488, siys of cheeks: "Where they
are made payable to a particular
person only, they are not negotiable;
where they are payable to order,
they are negotiable by indorsement,
and where they are payable to
Ibearer, they are negotiable by mere
delivery. Is OLeg FRa'g ,tQe
have the precise qualities and ef
fects of bills of exchange."
Kent, vol. 3, p. 75, 4th ed., says
of a check : "It is transferable like
a bill of exchange ;" mad Story on
Promissory Notes. par. 491, says :
"It is a well known rule of law that
a bill of exchange or a promissory
note taken after the day of payment,
or, as the common phrase is, when
it is overdue, subjects the holder to
all the equities attaching to it in the
hands of the party from whom he
receives it. But this rule does not
apply to a check, for it is not treat
ed as overdue, although it is taken
by the holder some days after its
date, and is payable on demand.
On the contrary, the holder in such
a case takes it subject to no equities,
of which he had not at the time
notice," etc.
It is therefore certain that the
defendants could not have success
fully resisted an action brought
against them by the Crescent City
Bank, had the Canal Bank refused
payment as intended.
On the other hand, we learn from
Morse on Banks and Banking, p.
278, that "a check is simply a writ
ten order of a depositor to his bank
to make a certain payment. It is
executory, and as such it is of course
revocable at any time before the
bank has committed itself to pay it.
The bank is the drawer's agent. Its
primary duty is to hold or pay his
money as he directs. .Primarily it
owes no duty to the holder, except
under and by the directions from the
drawer. * * * Of course so
long as the drawer retains the right
to countermand payment upon a
check, he retains the right to draw
oat any funds to his credit on which
the bank has no lien. The question
in each case alike is merely of hiis
right to control the deposit. This
right he lp)(sscs5'es until the bank
has pail it out., or promised, or be
conce b,, undl to pay it out. * * *
It. is a matter of no consequence
Ihow many chec's are with the
Iank outstanding in the hands of
his creditors at the time of his
counter directions, or demand pay
,mnct of the whole fund to himself.
[lhe bank is not and has no right
to constitute itself the agent of these
parties, however honest may be
their claims, or hard their case. It
not only owes them no duty, but it
has not even any legal power to act
in their behalf."
These rules do not materially dif
fer from those which define the
duties of a drawee of a bill of ex
change in regard to the drawer, or
other agent in regard to his princi
pal. These rules are prescribed by
the law of mandate. Hence, like
any other agent, the drawee of a
check is primarily under no obliga
tion or liability to third persons.
Hence, also, he cannot by an act
,lone after his mandate is revok.d.,
or done beyond or contrary to it,
bind his principal to third parties
so as to give them rights which
they wou;d not otherwise have
against that principal. On the
other hand the rights third parties
have against the principal cannot
be impaired or changed by his own
arbitrary act or that of his agent or
by the revocation of the mandate.
It is only the mandate that the
principal may revoke, not his own
obligation or liability; as, for in
stance, his original abligation to the
payes of the check, or his liability
to an innocent transferee. The re
vocation of the banker, or other
agent's authority to pay, neither in
crease or diminishes, nor does it
extinguish the obligation of the
drawer, whatever it may be. Hence,
tile only consequence of such a re
vocation is, that the drawer or prin
cipal, if, indeed, he is lawfully in
debted on liable, must, in proper
person, make the payment, since he
will not allow his agent to do so for
If then the hability of defendants
to the Crescent City Bank was not
impaired, changed or extinguished
by the revocation of the banker's
authority to pay, what is the effect
of the payment inadvertently made
by the plaintiffs ? Are the plaintiffsr
to profit by this? Are they to be
put in a better and more advanta-"
geoue situation than they would
have been in, had their agent been
more carefuJ, complied more strictly
to instrnetion, and rsfush d to pay
Bank? I think not; for while that
payment ought not to make their
condition worse, it ought not, ac
cording to the equitable principles
expressly enacted in the Civil Code,
work an improvement of their con
dition, and enable them to make
their agent suffer a loss which they
would otherwise have been obliged
to incur. As it is unjust that they
should be damaged by an act which
they forbade, so is it inconsistent
that they should reap advantages
from an act which they repudiate.
The plaintiffs action is an equit
able one, and Art. 1960 should be
applied in the case. It makes the
Christian principles of equity a
part of our law ; and declares that
"no one ought to enrich himself at
the expense of another.
Article 2130, referred to by the
court during the argument, cannot
effect this case, because the plantiffs
did not act, in form or intention,
according to the terms of that ar
ticle. They did not propose to dis-j
charge defendants' obligation to the
Crescent City Bank, or to acquire
an action against the defendants.
The payment and cancelment of the
check was accidental. It was affect
ed in a moment of inattention, such
as will sometimes happen to the
most careful persons. Besides, the
article referred to can hardly ever
take effect in regard to commercial
paper which passes from one holder
to the other, by mere indorsement
or delivery, without discharging the
parties, but, on the contrary, valid
ly "changing the creditor."
Judgment for plaintiffs as prayed
for, and rejecting defendants' de
mand in reconvention.
[No. I06.
An Act
Relative to the New Orleans and
Northeastern Railroad Company,
to provide for the extension of
the main line of their railroad to
the city of New Orleans, for the
building of one or more branches
to the main line of said railroad,
to regulate judicial proceedings
in certain cases, and to facilitate
and aid the construction and
secure the maintenance of said
railroad within the State of Lou
SECTIOx 1. Be it enacted by the
Senate and House of Representa
tives of the State of Louisiana in
General Assembly convened, That
the New Orleans and Northeastern
Railroad Company, a corporation
organized and existing under and
by virtue of its acts of incorpora
tion duly enacted by the Legisla
tures of the States of Louisiana and
Mississippi, is hereby authorized
and empowered to locate, construct
and build, and thereafter to own,
manage, maintain and use, by run
ning thereon its engines, cars and
trains of cars a railroad, with one or
more tracks with suitable turn-onts
from the town of Lewisburg, across
Lake Pontchartrain, to the city of
New Orleans; to locate, construct
and build, and thereafter to own,
manage and use, by running there
on its engines, ears and trains of
cars, a railroad, with one or more
tracks, and suitable turnouts from
the lake shore, in the centre of St.
Louis street to the Mhtairie road;
thence across, along and upon in
tervening streets.and grounds, in
tersecting Bienville street at or
near Anthony street; thence along
Bienville street to Claiborne street;
or they shall have the right to s
lect an adjoining street or streets to
carry out the purposes of this act
as far up as Common street or in
tervening streets, and on such a
rout or course as may be deemed
necessary by a majority of the
board of directors of said company
most proper, expedient or necessary,
and best adapted for the public ac
commodation; and there is hereby
g-anted to saL railroad company
tie right to lceate, construct, main
-a n, manage and use p'. enger and
freight depots, with oflies and
apcartmtnts, and for al other par.
poses for the tranasetioa of its legit
imate business upon any grnoads
h-s.. Binvril asibam . Cmsl
and Prienr streets, in the city of
New Orleans, or between Canal,
Rampart, Common and Marias
streets, in said city; provided, said
company shall not occupy the pri
vate property of individuals until
said company shall have acquire
the title thereto and provided, that
in the construction of said railroads
through the city of New Orleans,
the said company shall not, in any
manner, obstruct, or impair the
drainage of the streets, along, upon
or across which the said part of said
railroad is hereby authorized to be
located; and that the said company
shall at all times, in the construc
tion and maintenance of the said
part of said railroad, conform with
the levels and grades to be estab
lished by the City Surveyor of the
city of New Orleans, whose duty it
shall be to furnish such grades and
levels when required by said com
pany; and whenever it requires or
finds it necessary to cover the chan
nel of any drain, the sides thereof
shall first be protected with bricks
or wood in a good and substantial
manner, and such covered channel
shall be kept in repair, open and
clear for the passage of water by
said company; and the said part of
said railroad shall be so constructed
and maintained as not to unneces
sarily impair the usefulness of any
street, or impede the traffic thereon.
To locate, construct and build, and
thereafter to own, manage, main
tain and use, by running thereon
its engines, cars, and trains of cars,
a branch railroad with one or more
tracks and suitable turnouts, from
the main line of said railroad, in
the parish atf St. Tammany to Pont
chatoula, in such a course or rout
as may be deemed necessary by a
majority of the directors of said
company, so as to form a connec
tion with the New Orleans, Jackson
and Great Northern railroad, and
also with the New Orleans, Baton
Rouge and Vicksburg railroad, and
that the said company is hereby
authorized to cross, intersect, join
and unite its railroads with any
other railroad heretofore or here
after constructed in the State of
Louisiana, at any point upon its
main route or branches, and upon
the ground of said railroad compa
ny, with the necessary turnouts,
sidings, switches, and other con
veniences, in furtherance of the ob
jects of its connections: and every
railroad company in the State of
Louisiana whose railroad shall here
after intersected by the railroads of
this company shall unite with it in
forming such connections and inter
sections, and grant the facilities
aforesaid; and if the said railroad
company can not agree upon the
points and manner of such cressing,
intersection, and the division and
apportionment of the cost and ex
pense of the same between said
companies, the same shall be ascer
tained and determined by commis
sioners appointed by court as here
inafter provided in this act in re
spect to acquiring title to real es
Sec. 2. Be it furtherenacted, etc.,
That the said New Orleans and
Northeastern Railroad Company be
and it is hereby authorized to lay
out its said railroad and branchee,
and to construct the same, not ex
ceeding two hundred feet in width,
upon any lands belonging to the
State of Louisiana and to take, hold
and use, for the purpose of neoes
ary depots, stations, cuttings, turn
outs, and for obtaining materials for
the construction of its said railroads,
any lands of the State of Louisiana
lying along or upon, or adjaeent to
the route or eourse of maid railroad
that may be neceseary for the eon
struaction, mainteaanee and security
of said railroads,provided, however,
that ony and all damages that may
be occasioned or that may arise to
any person, corporation or soco
tion other than the State of Loui
inna, by the taking and using of sch
lands and materials for the use of
said company, as aforesaid, shall
be asesad and paid for by said
company as hereinsfter provided in
this act To constrnct and maintain
its said railroad and branches, or
any part ofthe same, and to have
the right of way therefor acrss,
along or upon any wates, water
courses, river, lake, bay, ialt,strsset,
hihway,.tmapih or m.atwitehi
tbe 8st.bo LTuisia whih the
course of said railroad may inter
sect, touch or cross, provided the
said company shall'presesrve any
water course, street, highway, turn
pike or canal which its said rail
roads may so pass upon, along, in
tersect, touch or cross, so as not to
impair its usefulness to the public
unnecessarily ; or if temporarily
impaired in and during the con
struction of sail railroad, the said
company shall restore the same to
its former state, or to such a state
that its usefulness and convenience
to the public shall not be unneces
sarily impaired or injured ; and it
is also provided, that said company
is authorized and empowered to
construct and maintained its said
railroads over and across the waters
of the State of Louisiana known as
Lake Pontchartrain, and other
streams and bayous between Lew
isburg and Pearl rivers, and Pearl
river by bridges. There shall be
constructed and maintained by said
company two drawbridges, one of
which shall be located three miles
from the southern shore, and an
other three miles from the northern
shore of Lake Pontchartrain, which
when opened, shall give a clear
space for the passage of vessels of
not less than one hundred feet in
width ; and in the channel of Pearl
river the said company shall con
struct and maintain a drawbridge
which, when open, shall give clear
space for the passage of vessels of
not less than sixty feet in width;
and said company, after the con
struction of the said drawbridge or
drawbridges, shall at all times pro
vide thereafter that said draw
bridges shall be opened for the pas
sage of and all vessels seeking to
pass through the same without un
necessary delay.
SEC. 3. Be it further enacted, etc.,
That said company is hereby author
ized and empowered to transport,
carry and convey persons and pro
perty on said railroads or either of
them; build and maintain a line of
magnetic telegraph, and to operate
the same along the lines of said rail
roads, and to receive for such trans
portation, carrying, conveying and
telegraphing, such tolls and charges
as shall be established, fixed and
regulated by the directors of said
railroad company.
SEc. 4. Be it further enacted etc.,
That the capital stock of said New
Orleans and Northeastern Railroad
Company be and the same is here
by increased to six millions of do!
lars, divided into sixty thousand
shares of one hundred dollars each
and at the next general election for
directors, the stockholders shall
elect nine directors, and the same
number at every succeeding elec
tion; and that the charter of said
company be made perpetual
SEc. 5. Be it further enacted, etc.,
That the said company is hereby
authorized and empowered to ob
tain by grant, or otherwise, from
any incorporated city or yillage
within the State of Louisiana, that
may be situated upon its railroad,
any rights, privileges or franchises
that s id incorporated city or vil
lage may choose to grant in refer
ence to the construction, mainte
nance and management of the rail
roads of said company, its depots,
cars, locomotives, and its business
within the limits of such incorpora
(ted city or village, and any sueach in
corporated city or village heren
before named is hereby authorited
and empowered to grant to said
company any such rights, privileges
and franchises when granted to,
anl accepted by said company,
from any such incorporated city or
village, shma:l1 be deemed and taken
as rights, privileges sad franchises
vested and confirmed in said compa
ny, and not liable to be hereafter
revoked, changed, ignored or im
paired, except with the consent of
said ompany"
Sec 6. Be it frther enacted, etc.,
That said company, being hereby
authorized to purchase, eseire and
hold such real estate as may be
necessary and convenient in ocom
plishing the objects for which said
oumpony is organised, it may, by
its agents, surveyors, engineers and
rserantes, entr upon all lands a.d
tenements through which it spay
comlud. to make maeh railkwds,
and smrvey, lay oat and constra-tt-s
same, and may agree sad contract
coRIIUWrD o0 oRITI rMn]
Square 1 ac 3 mo 'Inoi "inm 1 m r
One $4 $7 S ' $12 Ir
Two 7 9 12 s, i T
Three 9 12 L. 35 .0
Four ,15 25 : t T;,
Five 90 85 4. t,) M,
S ix 24 42 )' 17 10
1 Column.j 45 80 1219 1 250
Transient advertiements, E: 5t per
square mnt ineartion; each sui;j.,.,. "
insertion, 75 cents.
All business aoees of alvcrti=ccents?
to be charged twenty cents I ,,r lino Cacd!
infertic e.
JoB Pu, mrro executed with iL. ,t,.ce
and ch.
Wedding Cards executed in a~ r-!rce.
ith prey in_ fashions.
Fueal Notioes printed ou., t!r·-e!s: c
tioe and with quickest diasptcih.
Law .ousCe,
26 St. Charles Street 2;
Prompt attention give, t.o c: .vi
business in the several caurtu ,f taL
A. P. Fields. &Robert ),i:ol
Attorneys and Councellors at Law,
.N'. 9 Commenrcial Plate, 2nd Fi'b1er.
I"0'Strict Attention to all Ci'.'. al
Criminal busineess in the State and Unit.' I
States Court.
--- ---- -.... -7-
orrICE, No. 120 coxmow meawr.
New Orleans, New York, LicerpoI
London, Havre, Paris, or
Bremen, at the option
of the insured.
A. CARRIERE, Vioe-President.
J. P. Beox, Secretary.
.E M P IR .E
G o. W: Smiih. I ice Pres Bi. . IfllM
Scribner. Prea., L. H. Welers. Acdynj.
Sidney ii Woful. .elcy., &re tt (bpp.
,upi. Age.cs. T. K. Maly. MeaL Zemr.,
Agents Nev Orleans rNmcue A ,rrozna
Chartered by the United States
Government, March,
D. L. EATON. ....Actary.r
114 Caronddelet Street.
C, D. STURTEVANT, Cashier.
Bank Hours..........L9 A. . to .r
Saturday Nights........ to 8 o'eek
ThImoan Jt. Ermmr ,
General Commission Merchant.
Agent for the sle of real RaWt etc.,
OUT Doon sU3s 35WPtr UIAD We
Meares. Geo. W. Ryua, & Goa,
Steel, Pinatard A e., John O.
Beekleler ml statnr
Jer Odes JaXleina

xml | txt