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Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, November 23, 1871, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83016631/1871-11-23/ed-1/seq-1/

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ýr jI .E· ', LA.
.S I; I'IN'HlitA('K, OnLtxsas
, :' Y. KElSO, tArwes.
11i. ý".I RO WiN,---Editor.
I, p. s. .I'IN IBA CK,
Mfana rger.
p- lTr.a' nr Srum.rtrrtIoW: !
.. . .. ......... $5 0
......... ... . 3 00
Ti,a W ,,m ......... . ......1 50
The Louisiaitan.
In ti 'nd~avor to establish another
'ri. ,,, j,)irnal in New Orleans,
; 1, l,,,,i'; r of the LorUISIANIAN,
.-Ir t 'il a necucity which has
t i:.; sometimes painfully-
fct o ,.,Lo. In the transition state
rpl.:,, I, in th. ir struggling efforts
:: t position in the Body
W' . w'h we c'onceive to be their
-t is regarnlrd that much infor
no,,!n, guit1hnce, enoouragement,
. weI and reproof have been lost, in
eC~:,Inenice of the lack of a medium,
,r'omgh which these deficiencies might
's Japphlie. We shall strive to make,
pt Lorrmisaa a dexideratum in these
r Fperts.
A our motto indicates, the Loti
.LuN shall be " Republicem at (dl
',4 .o d wider all cirowaninc s " We
i..J] advocate the security and enijoy
e-a, of broad civil liberty, the abso
,teo equality of all men before the law,
and an impartial distribution of hon
c anul patroLage to all who merit
t..e .
D,1sirous of allaying animosities, of
c*ilterating the memory of the bitter
-iFt of promoting harmony and union
arg all classes and between all in
ter, ste, we shall advocate the removal
of . politial dibilities , foter kind
rn . and forbearance, where malignity
eI rese'ntment reigned, end seek for
ihrr.rm and justio where wrong and
. p:, aion prcvai!e. Thus united in
wu tas and objects, we shall conserve
Saet int<erestts, elevate our noble
l'.t.. to an enviable position among
-ate. States, by the development
"4 I- ilimhitable resourcs, and secure
f'il bboefits of the mighty changes
a ti,- hi.tory and condition of the
p*Op'i and the Country.
,h,'ving that there can be no true
iib,,rty without the mupremacy of law,
Sd:l! ur.:e a strict aud undiacrimi
-.,(L1 duisitration of justice.
Whall su pport the doctrine of an
" .auhlo divtuion of taxation among
, .., a taithful collection of the
'"L,. economy in the expendi
e'm. ,',frmuably with the exigen
-',i tli ?tite or Country and the
'*arge of every legitimate obliga
" thIl su.stain the carrying out of
th proeiions of the act establishing
ur onmmn school system, and urge
h " P.urmnount duty the education of
-Z youth, as vitally connected with
tfbr own enlightenment, and the secu
i" li stibility of a Republican
(iur.. nmrent.
b& genero5,, manly, independent,
r'd lUdwious conduct, we sahal btrive
Sr our paper, from an ephem
,al a temporary existenoe, and
mablish it upon a Iasit, that it we
aInot "omamand," we shall at all
60 Camp Street,
TO A. . . t
sr a. H.
Tender dainty, modest thing, 8t
Fitting phrase I cannot bring
Half to tell thy loveliness, d
Half my loving to confetrs.
Vainly all my words I choose; I
Vainly all of art I use:
Thou art left unuttered yet, a
Tender, dainty Mignonette! !
I can say thou art more sweet a
Than the fragrancies which meet 11
When the clover and the rose a
Their most secret stores disclose;
I can may thou art more fair
Than the buds which lilies bear:
Thou art left unuttered yet, u
Tender, dainty Mignonette ! c
I can say that color shreds,
Even in show of blazing reds, u
No such graie of sunny light
As in thy pale brown and white, is
Mingled never twice the same,
In soft tint withost a name:
Thou are left unuttered yet,
Tender, dainty Mignonette I
I can say the honey-bees, f
Lingering, drain thy wine's last lees;
Little children to and fro,
Carrying thy blossoms, go;
Lovers give them; subtle, mute, t
Fit for Love's sweet gift and suit: t
Thou art left unuttered yet,
Tender, dainty Mignonette !
Now I add one more low word,
Trembling half, lest, being heard,
It should win a swift rebuke
From dear eyes, whose pleading look,
Bidding me no more reveal,
Would have power my lips to seal;
Leaving thee unuttered yet,
Tender, dainty Mignonette!
Dainty and beloved thing,
liere thy final praise I bring:
Thou art like in tender grae
One I know, of gentlei face:
Thy soft fragrance makes the air
Sweet, as moments are which share
Sun, with her sweet silentness -
Shade, with her half-shy caress.
Thy pale tints one language spe.ak
With ht.r brow, her eye. her cheek,
Triumph in such lowly guise,
Wondering in glad surprise,
Lavishing with brimnming hands.
Generons, past all bars and bands:
Ah! ye are not uttered yet,
It White twin souls of Mignonette !
Sweetest woman! Sweetest flower!
I crown both with sweetest dower
Can be framed in human speech
When I liken each to each.
n Woman, sweeter than the flower,
Crowned with Love's immortal dower,
Which no love in speech can set.
Kiss me, precious Mignonette !
[No. 106.
An Act
s 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 i
and aid the conAstruction and
secvure the maintenance of said
railroad within the State of Lon
(Continued from last number.)
Sec. 10. Be it further enacted,
etc., That on such report being
made by said commissioners, the
court or judge shall appoint a time
and place for snuch hearing of said
comlpany and all parties interested
in said lands in regard to the con
formation of said report, and shall
by order direct the manner and
form of the service or any notice of
i the same upon any person that, in
the judgment of the said court or
Sjudge, should be notified; and on
the day of such hearing, if no per
son shall appear to oppose the oon
i formation of maid report, the same
shall be confirmed by said court or
ejudge, an order shll be made re
- citing the proceedings of the ap
praisal, the confirmation of the
Ssame and a description of the real
8 estate, and directing to whom the
money or value of said real estatei
is to be paid, or in whalt manner
the same shall be deposited by said
company for the use and benefit of
said owners; and if any person shall
appear to oppose the conformation
of mid report, the said court or
jpar shall laar the parties S aad
against such confirmation; and if I
.id court or judge shall decide in F
favor of such confirmation, than si
the same proceedings shall be had p
in the premises as heretofore pro- l
vided. In case no person appear v
to oppose said confirmation, and if tl
said court or judge shall decide n
against such confirmation, an order tL
shall be entered directing said com- ti
missioners, or other commissioners b
named in said order, to proceed to e
a re-appraisal of the said premises, o
the praawedings of which shall he e
afterwards conducted as in the first
instance, except that the appraisal e
and report of the commissioners on c
the re-appraisal order shall be final, a
and shall be confirmed by said court E
or judge; and the order of said t
court or judge confirming any ap- ii
praisal as aforesaid, shall be final f
and conclusive on all parts to said I
decree; provided, that any party 1
shall have the right of appealing to I
the Supreme Court from any decree t
adverse to their interest or the in- h
terest of those they represent; that
any appeal to the Supreme Court i
from the decree of the district
court or judge, made by either party
shall not suspend the execution of I
the judgment, but the payment of
the amount of the decree by the I
company to the owner or owners
interested therein, or a deposit
thereof subject to the owner's order, I
shall entitle the company to the i
right, title and estate of the owner
or owners in and to the land des- 1
cribed in the petition, in the same
manner as hereafter provided, and I
as if no appeal had been taken,
But in the event of any change bring
made by the final decree in the de
cision of the cause, the company
shall bebound to pay the addition d%
assessment, or be entitled to recover
back the surplus paid or deposited
as the case may be.
Sr.c. 11. Be it further enacted, etc.,
That the order of said court or judge
confirming an apprisal of l:nds, as
heretofore provided, or a certified
copy of the same, shall be filet in
the office of the clerk of the district
court in which the real estate ap
praised shall be situated, and these
shall remain a record; and such
order, so entered and filed, shall
vest in said company the lands de
scribed therein, be set forth, on the
payment, or tender of payment, or
Sdeposit of the amount of the apprai
sal and d;unamges by said company,
as provided in said order, or a duly
certified copy thereof, with proof of
such payment and deposit as there
in provided, shall be (o: si lered as
legal evidence of the title and estate
of said company to the real estate
acquired by appraisal by said com
pan v under and pursuant to this
act, shall be deemed to be acquired
for public use.
Sec. 12. Be it further enacted, etc.,
That in the absence of the district
judge from the parish in which the
said company seek to acquire title
to property, the parish judge shall
be competent to act in all matters
of expropriation, and shall sign all
orders, appoint commissioners, and
I render decrees, as set forth in this
act provided, which acts of the
parish judge shall have the same
force and effect as if the district
judge had acted in person.
Sec. 13. Be it further enacted, etc.,
That the New Orians and North
eastern Railroad Company be and
it is hereby authorized to make and
issue from time to time, as herein
Iafter provided, its bonds, to be
known as "second mortgage bonds,
of the New Orleans and Northeast
ern Railroad Company, guaranteed
Iby the State of Louisiana," and of
such denominations as the company
may elect, but to an amount not
exceeding in the aggregate twelve
thousand five hundred dollars for
each and every mile in length of the
Smain line of its railroad and branches
-abouat ninety-seven miles in length
in all-within the State of Louisiana,
Swhich said company shall onstruct.
. Such bonds shall be numbered con
·seestively, and shall be made paya
I ble to the State of Louisiana, or
SbeMarer, at ach time as the company
Smay designate therein. Not ex
coeeding eight per cent per annum,
I payable semi-annually, and coupons
f for such interest shall be annexed
I thereto. The principal of interest,
Sor both,of mid bonds msy, at the
roption of the -corpany, be made
I p.i.hminmlauotPgrsenay of Ithel
United States, or in gold coin, or in p
English sterling; and if payable in of
sterling two thousand five hundred fli
pounds sterling per mile shall, for ti
the purposes of this act, be deemed c(
within the limitation or twelve
thousand five hundred dollars per et
nile, in this section of this act con- G
amined, and the place of payment of al
the principal and interest of said b
bonds, or any of them may be al
either at the city of New Orlmmss o
or New York, as the company may is
elect and designate in such bonds of
Sec. 14. Be it further enacted, T
etc., That the pqsaent of the prin- If
cipal and interest of such bonds al
shall be secured by a mortgage, to ye
be executed by said company to g,
the Governor of the State of Lou- tl
isiana as trustee for whoever shall n
from time to time be holders of said p
bonds, and also for the State of p
Louisiana, and for the said com- a
pany, and whoever shall from time h
to time be Governor of said State, I
shall be the trustee under said a
mortgage, and be vested with the to
rights and powers conferred upon tl
such trustee, and charged with the v
duties hereinafter imposed upon a
him. The said mortgage shall be b
a lien upon the whole of said main t!
line of railroad of said company n
within the State of Louisiana, and s
upon all the right of way, road bed, b
rails, depots, stations, shops, build- t
ings, machinery, tools, engines, cars r
and real and personal esta:e within f
the State of Louisiana, appurtenant
to or necessary for the operation of a
said main line of railroad owned by t
the company at the date of said It
mortgage, or which may be ac- i
quired by it thereafter, and also t
upon the corporate franchises and i
privileges of said company granted
by the State of Louisiana relative
to the construction, operation and t
use of said main line of railroad
within the State of Louisiana, but t
the lien of such mortgage shall be 1
subject and subordinate to a plior 1
lien to the extent next hereinafter I
specified, in favor of a first mort- i
gage, to be made by said company
to secure bonds to be known as 1
" first mortgage bonds of the New I
Orleans and Northeastern Railroad
Company;" such first mortgage I
bonds and the mortgage securing 1
the same shall be a prior lien only
to the extent of twelve thousand
five hundred dollars per mile, paya- e
ble in the gold coin of the United 1
States, and interest which may ac- i
crue thereon at a rate not exceed- i
ing eight per cent per annum, pay
able semi-annually, upon each and I
every mile of the aforesaid main 1
line of railroad within the State of I
Louisiana, including the right of I
way, road beds, rails, depots, sta- i
tions, buildings, machinery, tools,
engines, cars and real and personal
estate within the State of Louisiana,
appurteuant to or necessary for the I
operation of said main line of rail
road owned by the company at the
date of aid mortgage, or which
may be acquired by it thereafter,
and of the corporate franchises and
privileges of maid company granted
to it by the Stat. of Louisiana rela
tive to the construction, operation
and use of said main line of rail
road within the State of Louisiana;
the principal of such mortgage
bonds not to be payable in less
than twenty years from their date,
unless in case of default of payment
of interest thereon, that the first
mortgage bonds issued by said
company on that part of its rail
road from Lewisburg to Pearl river,
a distance of forty-eight miles for
the sum of six hundred thousand
dollars, or twelve thousand five hun
dred dollars per mile, executed be
fore Robt. J. Ker, notary public in
the city of New Orleans, on the first
day of October, 1870, are hereby
recognized as a portion of said first
mortgage, authorizod to be issued
on the whole line of the company's
roads within the State of Loui.iana,
and in case of a sale of said railroad
or any part thtrcof, for the satisfac
tion of said first and second mort
gage bonds or either of them, the
proceeds of the rolling stock and
personal property which may be
,sol. shall be doeemed to ajiptrtaip
to that portion of said main line of
Srailroad within the State of Louisi
ana which shall have been con
structed and operted, and shall be
apportined equally .upon, each
iathot and shall be , d
proceeds of the completed portion th
of said road, and the lien of said fnr
first mortgage shall be governed by Ti
the further provisions hcreimfter pr
contained. tse
Sic. 15. Be it further enacted, tio
etc., That the said mortgage to to the m
Governor of the State of Louisiana of
shall desecrib the second mortgage so
bonds thereby secured, and shall
also provide for the payment by the et,
company to the trustee, of a sink- 'litr
ing fund for thegradual redlemption si,
of the principal of the said bonds. an
The payment of the said sinking th
aund for the gradual redemption as as
aforesaid shall commence in five to
years from the date of said mort- to
gage, and shall be made annually wl
thereafter, and each payment shall da
not be less than one-half of one n,
per cent of the total amount of the lit
principal of the bonds which shall, cil
up to the time of such payment, has to
been guaranteed by the State of N
Louisiana, as hereinafter provided, iw
whether outstanding or surrendered w
to the trustees for the purposes of j t
the sinking fund, as hereinafter pro- in
vided. The money so paid to the of
said trustee shall be forwith paid a1
by him, as soon as received, into et
the treasury of the State, and shall P
he paid out only on the warrant of a
said trustee for second mortgage e(
bonds of said compjny surrendered sc
to him ; and all bonds thus sur- ci
rendered and paid for suall be 0o
forthwith stamped by the trustee lk
S'"surrendered to the sinking fund tl
f and not negotiable," in some effec- n
tual manner, so that they can not I
be again issued, and shall be im- tl
mediately thereafter deposited in b
the treasury of the State, and the d
I number and amount of each and Ii
I every bond so surrendered to the a
sinking fund, shall be entercd by e
I the trustee, and by the Treasurer c
of the State of Louisiana, in books b
to be kept by them for that pur- 0
e pose, which books shall, at all l
r times, be open to the inspection of t
r the officers ofthecompany. But the s
interest on such surrendered bonds r
y shall be payable as it accrues to e
s the said trustee, according to the t
v tenor of the coupons, and become as
1 part of the sinking fund, and shall L
e be deemed secured by said mort- t
gage in like manner as if msaid sur- N
y rendered bonds were still outand- 1
Iing and such payment of interest 1
on the surrendered bonds shall con- C
d tinue until the sinking fund shall,
amount to a sufficient sum to pay I
all the second mortgage bonds out
standing. The trustee shall not I
d apply said sinking fund, or any
n part thereof, to the purchase of said c
of bonds at any greater price than F
f par and aocrued interest. The t
- mortgage securing said bonds shall e
, contain suitable provisions for ad- I
Svrectising for sealed proposals to I
, the trustee to surrender bonds for c
e the purpozss of the sinking fund, t
L- and the trustee shall give the pre- t
e ference to the proposals most favor
h able to the company ; provided,
, they do not exceed par and accrued
d interest. If, on any occasion, sealed
d propocals are not r-ceived by the I
- trustee within the time limited by
a the advertisement for the requisite
- number of bonds within the afore
; said limit of price, to absorb the I
e whole amount of sinking fund on
a hand, the trustee shall, within three
, days thereafter, by a certificate of
t writing, spectify the amount of
t bonds so deficient, and appoint
d three commissioners to draw by lot
- the requisite amount of bonds to
, supply the deficiency. The msaid
r commissioners shall forthwith, after
I their appointment draw by lot from
- the numbers of all the second mort
c- bgage bonds then outstanding num
in bers of bonds to I ani amount saf
t flciout to supply such deficiency,
y and shall make and sign a report
st specifying the numbers so drawn
d by them, and shall attach to their
"a report an affidavrit sworn to by each
s, of themtbefore some officer of the
id State of Louisiana, authorised to
c- administeroaths, stating that ssuh
- drawing was in all respects impar
e tially and fairly conducted, and that
d said retort is true. The said cer
Le tificate of the trustee and report of1
i the co~m .sioo.ers shail he filed in
of the otflice of the Sesrekry of State
i- of the State of Louisiana, thereupon
n- the holders of the bonds bearing
e the numbers so drawn by the eoo
h missioaeras and specihed in their re
id jaatd shall be bkund to sarrendsr
the same to said trustee oa receiving
from him his warrant on the State -
Treasurer for the amount of the
principal of tpid bonds, with the in
terest accrued thereon up to the Ti
time of the expiration of the notice F
mentioned in the following section F
of this act, or such earlier time as
such warrant may be delivered.
Stc. 18. Be it further enacted,
etc.,That immeliately after the fil
ling of said report of said commis- in
sioners, the company shall cause a
notice to be published, specifying j
the number of the bonds so drawn,
and requiring the ho!Sers thereof `n'
to surrender the same to said trues- wi
tee, on or before a specified day, ti
which shall not be less than thirty
days after the publication of said
notice. Such notice shall be pub
lished in a daily newspaper in the
city of New Orleans, and in at least 26
two daily newspapers in the city of
New York, for four eonaecutive
weeks, at least three times in each hb
week, and upon the expiration of t
the time limited in said notice, the
interest on the bonds, the numbers
of which are specified in such notice, A
shall cease, and no interest shall ac
crue thereon after that time, or be
payable, except to the sinking fund,
as thereinbefore provided ; provid
ed, however, that if any of the bonds
so drawn shall be payable in the ,
city of London, further publication tit
of said notice shall be made for at .
least four successive weeks, at least I_
three times in each weeks, in two
newspapers published in the city of
London, and the date specified for
the delivery of such last mentioned M
bonds shall be at least forty-five
days from the time of the first pub
lication of the last mentioned notice,
and the interest of the last mention
ed bonds shall cease to accrue (ex
c(pt to the sinking fund, as herein
before provided) on the expiration S
. of the last mentioced notice. The
I payment for bonds surrendered to
the sinking fund, or drawn from the
sinking fund shall be made. in cur
rency, coin or sterling, or their
equivalent, respectively, according
to the tenor of the bonds drawn or
surrendered ; and the annualpay
ments to be made by the company
. to the trustee for the purpose of the
- sinking fund shall in like manner
. be made in currency, coin or ster
t ling, or their equivalent,'as the prin- 3
. cipal of said bonds sh:all be payable.
1 In all cises where any payment is
r required by this act, or agree4 by
- the company to be made in sterling,
t if such payment is reduced to cur
I rency, the premium in gold in the
l city of New York, and the rate of
exchange on London ruling at the
e time when such payment is due
I shall l e included, and whenever any
- payment so required or agreed to
)be made in coin is made in curren
r cy, the premium on gold ruling in I
the city of New York, at the time
J the payment is due shall be added,
, and in case of any decree or re
, covery in any court of this State
Supon said mortgage bonds, or any
of them, or upon said mortgage,
e the amount due upon such of said ,
bonds as may be payable in coin or
e sterling shall be ascertained by re
Sducing coin and sterling, respective
ly, into currency according to the
a foreign-rules. Whenever the term
e "currency" is used in this act, it
SI will be deemed to mean obligations
Sof the United States of America,
t which are or shall be by the laws
Sof the United States made a legal
o tender in payment of debts.
d bec 17. Be it fuither enacted,
r ete, That the maid mortgage to the
n Governor of the State of Louisiana
t shall contain a further provision,
Sthat in ease default should be made
.. in the payment of the interest of
said bondas, or any of them, orof
the said si-k.n, funOa, or any part
a thereof, and the same shall remain
.i in arrears for sixty days after be
h coming due and bein demaLdetld of
Sthe said company, the priciujad (,f
Sall the bonds secured by said second
Smortgage aa then outstanding
r- shalUl, upon the expiratijo of raid
t sixty days, become due and payable;
- and said mortgage shall contain
of suitable provisions for the male of
sain id railroad and appnrtenances by
t tae trustees, in case of default in
i the conditions of said mortgage.
ag Sec. 18. Be it further enacte,d
Setc., That the said mortgage shall,
Iaisftmr its aeecution by the compaly,
or 'sasT e 0 0o W roas Ras]
Square- I me 2 mos o most moIl yr
One $4 $7 j $9 512 1"20
Two 7 9 1 12 20 35
Three 9 12 1 20 35 LU
Four 15 25 35 50 70
Five 20 35 45 1f0 .8
8ix 24 42 b0 70 100
I Column. 45 8 ) j 120 175 250
Tranmient advertisements, $1 50 per
uquare fiArt insertion: each subsequent
insertion. 75 cents.
All busines aotices of advertisememts
to be charged twenty cents per line each
inaertir a.
Jon Prwrxor exeented with neatnecs
sand dislpath.
Wedding Carls executed in sccordaroie
with prevaling fashionu.
Funeral Notices prinm'ed on. nurtet no
tice and with quickest dispatch.
26 St. Charles Street 26
Prompt attention given to civil
business in the several courts of the
A. IP. Fields & Robert Dolton
Attorneys and Councellors at Law.
MNo. 9 Cnmnwrcial Place, 2nd Floor.
_rStrict Atteution to all Civil and
Criminal buniness in the State and United
States Court.
orrncz, No. 120 commox sTrr~ r.
New Orleans, New York, Liverpool
London, Havre, Paris, or
Bremen, at the option
of the insured. .
S A. CARRIERE, Vice-President.
J. P. Rorx. ecretary.
Gen. W. Saith. las1 Prest. U. Hitt o
Scribner. Irea., L HI. Waters. Adtary.
S~dcey H C eful. s ey., Aeret (app.
8plJt. Agenet. T. K. Mercy. Med. Eramr.,
Ageats Xcvr Orleans t'icsxwAc & Axroncr
, Chartered by the United States
Government, March,
SD. L. EATON.....Actuary.
114 Carondelet Street.
n C, D. STUITEV.LANT, Cashier.
3 Bank Houar............9A. . to 3 p..
I, Saturday Night......... 6to 8 o'lock
- -AND-
le General Commission Merschant
Agent for the mae of Bteal Estate, eto.,
SouT Doo, saLOs PrOMPTLY arrDan~ TO
3d 168 -1TDRAS STREET,
id 1efereaeu:
M; Me~r. Geo. W. Hysonm A Ca,
in Steel, Pinekr & Co., John O.
oj Terry, Esq.,' ~Llord R O9lensu
b Ey a, 1Hamel Blrr& E6q.
,d Bookeller mid tU fl'eP
New Odium. Lemniuima.

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