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The Ouachita telegraph. (Monroe, La.) 1865-1889, April 19, 1873, Image 1

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Published every Saturday.
• w-. CTN. 15ToC'FIT.AL. IN ,"'' ,
Editor and rroprietor.
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Thos. Mclntyre....................Now Orlenus.
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S..oe :.py, one year,............................ ,-l)
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, The subscription price of the Tit.rn
r. Lcir w:as reduced from live to foto dollars,
l:,t .subscribers payitig in adoccc have uIni
ftrlilllly beolln allowed a discount of one dolla*.
Sulb.cribors delaying laylentellt one nlonlth
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Itarts. Trhero wvill be no doviation from thlli
riule. _ _ _
Ri. (A. Cobb,
X'r"t2Oltl'EY AT LAV, SONiIOE, LA.
. Aug. 1'J, 1571. - ,v-I-t f
Robit. J. Utnidwell,
Jan. "3,3 157:3. 1t):tf
A. L. Slack.
T'IORHNEY AT LATV atid Conlllli:
.L sionor for Toxas. Otllico 1Vod Street,
to.iroo, La. Promnpt attottion given tI coil
.! e0io)1 ill North Lonisiata. Aog. 20, .i .S.5:17 i
L. N. 'olk,
S'IVIVEYOII, Civil Enigincor and lDrun
ghlitsma1n. All orders loft with itichlard
Jot & McElery, Monroo, Lia., will tleert
with prompit a1t11'Itioln. T1'erni,, tAsit.
.May 11, 1572. 34-Iy
r. iP. lICIAtIDDSON. T. WV. 3tIIM(tIUt.
Drs. Richirdtson & leaghler,
LlhAVING associated iln the practico of
elodicitio, oftlr their sers-ices ill tile
lttoeront branches of their pro'fession to the
citizens of Moltroo atnd surroullndillg cotln
try. Ollico, on Jleckson Street, adjoiniilg
Mothodist Uthurch. Feyb' ~, 1,7.J. tf
'll(. I. UALDrImEnWOOD. DIt. '110ts. r. Any.
Dra. Catlderwood & Abs.
Mloallol, L1A.
, I.1IC-E in roar of Berllhalrdt's butildilg,
.ecoltd atleet, between IcS-iaurd tlltl tlhe
ith'iroad. sJt 5, 1.72 dAw
JAS. iD. 31"I'E.NEIIY.
Riclhardson.s . .PlcEllery,
S''t)INIEY AT LAI , Mtore, L.a.,
~r._ tioe in ill the airisheis of Niirlh
it, :iltna, in tie Sittri'mto tl (tll l tl it Mtnll rOe,
h. l,'edtral I'ourl,,.arid inl the Latnd Oilicec
] 1 , 1 l . ,to -' f
no 2. ... . .... .-I.. . -.. . ' -
- .-. 0,i tN. W-. %-. FAYIR.MI:I,.
Morrlion 6 FrItrer,
.. Ytll)ltINEiY AT IA1Vi', Mhnliriio, a .,
ivtill pratieeo int the 'orft 19 of tile tl
i11ctii iof (Iziltit, Sotre liitust, titchltt ,
-ulinl lnd ('ntO iwell, ill the prmitlo 11
* -r). raut itt ile Utiiite Si',te9 Iur111
i, sil al., aittenld to .all hiu-ilc-s iiitril>4,d t(,,ii ~ii il t e {lie %lt I oi'.. I
lin in the .lteato:nd .'edlor.i iatt lilI . C-.
Dr. a'n. ,Mandel I
SiItEND)EItls hisl sorvices as I'htvsitiant andi I
li .urgeon~, to the public., 1 ie n tel |)(un])lld tI
'i,, his plahntaltion, liotr itites blihl w t.1to -
M-arch 11, 172. 2-1y
-itIN StINERY. 5. D.01'NtRY.
tiJ. i Slr. i i. cf arsysi lir. I' .11
T T'iltNE'YS, ATr LAVV, M1,nr,)o, L:i.,
pravtic in tihe l'Priei i nd i i fri-'t
seiaris of Otnachitr), .'.or hofll . trinlkli ,
whlyngd, v ahlwell in ll lat i-houl-- t'ri hol I
Sth S upt(s('treme ['o rt ia lll 'tl•iit tllo ,4ilolottlLIt. .M)iont , andit I ni- r
il oines. ito t he Iciand i--t'ipli cirtt Ii i
hr (l1 stener'l (lovrinre. I nt. t,,irl t I
- I i .T t..i ACti 'Y, lg entif t, re lor tfui ll
ti i 11 rill his ' r5 0 s0iia lly t- ervic-- tit t115
oirit tw s f louret eo :isi o-rr)tnig ,itlln
-tr. fnviri an oexr lioli :"of trt(n.t t
v-larwr iln the triti,, he fet, -rsutwl tiento o"
i-ilg .ltisfendction it tll pranahcs ,of hiii)
-r . -o ion. lI i illin t, wirran t all o-k. N
(ulia,. no1'r te i 'riurth iu- i-' -t-ixt dllc r i
• 'uth of the Oaunc#hu!, Trfegraptlh otlicel.i on
rand ot reei, hardsor) Lir. .M-onarl a.l '
FAm k 8 1 o0re0
).%LRISHI ,UlICY-:IO]R fr ()unlhita, and
Genelral Latndl Agent for .North I.,ui-
ann, wrill "%ttenld to anyi hulmine.o- inl th'is ,)r "
,r Dturchlalt real e,tuto in thi, ,--aPion will
i.,ii it 1,o their inl[re t -to ad1,ress hiinl. 11o
',,' f,>r sallo severatl linle hb,,ies of lalnd in !
•::a,-hita. R~ichlandl, Morehoul'se, Franklin
,:,t t'aldwell [P:rikhos. Petr.onll wishins to
-. 11 will soend numllbers, d0escri|ption ais to)im-+
,.r,)vemllo te, anld torntl. ]Havxing f()"1n1,]
,'.nnectb):ns in 1,oth 1%'athingtn and, New~
(or.leant:. hie is Iprepare.d t., rtepr(,sent litil:ant
inl con~oteotl l::nd~ can10, obtlinl patents, do.
Ofic rtq(o o r r,,om of Ri,-har, inn & .1fel.nl rv'.
L~aw Om)ee.( F",r particulars nddIrom himI,
cars of Richardlson &l Mi©Etary.. Motroo. La.
Aulgusit 8l, 1870
The exercises of this Institution began on
the first Monday.lnSeptemiper last.
Thoe scholastic year is divided into two
sessions of twenty weeks each-first ending
the last of January; the second the last of
L. F.WVtcox, President, and Prof. of Latin,
MIental and Moral Science.
Miss A. CALlHOUN, Teacher in M1athematics.
Miss L. TAOOArT, Assistant in Literary De
N. A. BAnnE, Prof. of Music and French.
. liss M. M. WmILcox, Assistant in Music.
Pupils admitted at any time and charged
*until end of session. No deduction in tui
tion except for protracted sickness.
Tuition, English ........3,4 and $5.00 per me.
Instrumental Miusic, with use
of instrument ............... 6.00 "
Extra lessons in Vocal Music.. 4.00 "
French ............... ........... 2.00
SIrawing........................ 2.50
Blord, exclusive of washing,
lights, and articles for toilet,
if paid in advance, for each
session...................................12.50 "
if not so paid.........................15.00 i
Incidental, per session.............. 1.00
SProf. Wilcox has now entered upon the
labors of the tenth year of his connection i
as President, with th e omer Masonic
Femalo College. During that time the
range of studies has been as extensive as
anRy institution of the kind, and the mode
of iustruction has beento impart athorough
knowledge of those studies. The discipline
in the Collego and Boarding Department has
beolt irml, constant, but parental. The I
health of the pupils has been invariably
good. Ini conttrnmation of the above, refer
ence is confidently made to the patrons of
the Institution and former pupils scattered
throughout North Louisiana.
Additionls are being made to the Boarding
lIouse, so that a large number of pupils can
be accoitnmodated in the family of the Pres
We, the undersigned, having been ac
quiaited with the workings of the Institu
ttoni during the linto it has been under the
imanagenlent of Prof. Wilcox, very cordial
ly recoculnnlcd it to our friends asasuitable
rhtrleo to send their daughters.
F. A. Jos.s, W. M.,
A. WVARD, S. W.,
JonrN S. Youxo, J. IV., I
anudJndgelParish Court, F
J. It. RArSEY, Se'y, I
It. T. VAU.oa, Treas.,
1ev. J. T. DAVIDnso. J
Feb'y 3, 1872. 20:ly
For Young Ladies,
Thi session of 1S72-'73 will conuniene on 1
Mfonday, the 2d day of September.
Mrs. T. IV. BENTON, Principal, and In- 1
structress of the Pritmary Department. I
Tuios. O. BE~TroN, Esq., Instructor of the I
Academic Department.
Instructress of French,
and assistant in the English branches.
Irs. 1E. W. \VEDDtELr., Instructress of
Sluriic. C
Miss SI.S.Pl'!I'aPIN, Instructroess in Draw- I
ing, Painting in water colors or oil, uem
broidery and fancy needle work.
Piritmary Classes .................. 00 per o.
Middle ....................4.01
Acadeonic . ............ 5.00 "
French ............... 3.00 "
Musie(with useofinstrunient) 6.00 "
loard, including wash ing,
lights, akec............................ 20.00 '"
l)rawing, Painting, c, at toace0ors'
charges. Aug. 26, 1572. 30-tf
This College, now in its twelfth scholastic 1
year, is in session from the first Tuesday in
Scl'tte:thber to _'olllnlenietlenti Day, VWed
uned:L, after third Sunday in June. The
corps of instrnction is full ; the course of s
S tudy ample; the library and apparatus ad
equalfte; the enidowmi ent in hopolul progress;
,' alily enlilneonlly hiatlfill, anld comnluni
tv inltlligent antnd reliined. I
Tuition, 8-1.00 and g5..00 per month, In nd
vans, fir the terin. Board, from $12.50 to
17,.fo0 ier tlonthl. Contingent, $1..50. i
Fo fr i rit ier pIart kCIltre, addross 11ov. J. E. I
C mto , P'resitdent I1. C.
iulti:20ttf Pres't Board of Trustees. I.
.S Alt Oystr)s' and Lager Beer t
The undlersigned has opened a Saloon in
tho Iterlnhardt Iluilding, which he has sulp
piliel wi It tnow lar tixtulres, the ehoicest
Ibrandsof Liiquors, and fine Co(igars. ie has
Il.o Iilliiarl tables, and luring the Oyster
sam.e n Can siupply fresh Oysters on the
hTll. Later Icer from tilhe best Western a
Itretwerifes kept at thisi Saloon. Prompt at- 3
tontion ao:d good order will be observed.
Monroe, Novetimber 30, 1872.-1-l1y V
S --------------- --5' i
11,poftit El:ndotn's Livery Stable,
is kept well supplied with the best wines a
anid li. iters andl favorite branlds of cigars.
Ploltit nct ct ioln nd good orderguaranteed.
Aplrii bt., l.71. n30-Sll
C.S U it As
I'i atorýs. Pe:s, 1:ggs, tChickens, Butter,
lt.-ittax. lidilo'. 'Tallow, vo., bought and g
,Id by1v tihltll iuersimlo, oni Grand street. i
tnar :atlo Acr:leolv. An assortmnent of O
a n mi I ( roceri c kept tonstantlv on
lttanl. ^- 'lartictlar attention paid to
st1pplyinog fintilies itt town .with Produce i
front thile cnitre-. r()rlers solicited.
'T(M, IA('CINE, ( randt Street,
Fecb'y 15, 1873.--ly Monroe, La.
S .-.-N-N- , lFr-- pri-tor,
TLeinttd on lItsiart Street, opposite St.
.ohlln, in the rolltro of the business portion
cf Mnro. Shop recently rCnl enovated and c
w.Ill Iftlrrnishe. Polite attention and skill
fttl work guaralnteed. IRespectable and or
derly cnsto nr or crdial ly welcomed. Terms
C'alh. Monroc. March 1, 1873. tf C
100 larris ot" Cans, Iime :i
'i Itarrels of K. 0. Meal :
5000 Poundls of Iacon:
56 tarrels of Pork.
48:tf .f. *. ·Sanf3.
How the Massacre Occurro.1
SAN FRANCISCO, April 12.-A courier
has arrived here from the lava beds
and reports that MaJ. LGen. Canby and
Dr. Thomas were murdered by the
Miodocs, yesterday, while holding a
peace conference.
LAVA BEDS CAMP, April 11, via,
Yreka April 12.-Yesterday afternoon:
five Indians and four squaws came into
camp and were made presents of cloth
ing and provisions by the Peace Corn
missioners, and a message was sent by
the commissioners asking for a talk
this morning at a point about a mile
from our picket line.
Later in the evening Bogus Charlie
came in and told the picket that he
could take his gun; that he (Charlie)
did not intend to go back any more.
The picket brought him in and took
him to the tent of Gen. Canby, where
Charlie left his gun, and remained at
the camp of Frank Riddle during the
This morning Boston Charlie came
in and told the Commissioners that
Capt. Jack and five other Indians
would meet the Commissioners outside
our lines. Boston Charlie and Bogus
Charlie then mounted their horses and
started for the lava beds. About an
hour after their departure Gen. Canby,
Dr. Thomas, A. B. Meacham and Mr.
Dyer,with Frank Riddle and his squaw
for interpreters, started for the placer
appointed. The party arrived at the
designated .place, and were closely
watched by the signal officer, Lieut. 1
Adams, from the signal station on the
hill overlooking our camp. About half
an hour after the party had arrived a
cry from the signal station was heard,
saying that the Indians had attacked
the Peace Commissioners, and that an
engagement had commenced between
the Indians and Col. Mason. In a
moment the troops were under arms,
and deployed as skirmishers under
command of Col. Greene, and orders a
were given to forward at a double t
quick. Very shortly after, Mr. Dyer
returned and told us that the Indians
had attacked them, and that hethought
he was the only one who had escaped; f
but a few moments after, Riddle and
his squaw were seen within the picket
line from the hill.
We gather the following account of t
how tile massacre commenced : Mr.
Mfeacham made a short speech to the
Indians, followed by Gen. Canby, and
then Dr. Thomas. Capt. Jack made as
speech, asking for IRot Creek and Cot
tonwood places, now occupied by Fair
child and Darris, for a reservation. Mr.
Meacham told Jack that it was not
possible to give hint what he asked.
Sclhonchen told DMeachamn to say no t
more; that he (M.) had said enough on
that subject, and while Schonchean was t
speaking, Capt. Jack got up and walked
behind the others, turned back and ex
claimed, All ready! lie then drew his I
pistol and snapped a cap at Gen. Can
by. lie cocked his pistol again and
fired, and Gen. Canby fell dead, shot
under the eye. Schonchen then shot
Mr. Meacham in the shoulder and
head, but lie is still alive. Boston
Charlie and another Indian shot and
killed Dr. Thomas. IIooker Jim pur- t
sued MIr. Dyer for some distance, but
Dyer turned upon him with pistol in
hand and Jim ran. An Indian knocked
the squaw of Riddle off her horse, and
took it, but Capt. Jack made himn return
it, and then another Indian chased
Riddle and shot at him. Somo allow- 1
ance may be made for the truth of this c
last statemaent.
The troops a:re now abotlut and in the t
lava beds lying on their arms, and will
probably advance to-night under cover f
of darkness. There are here about 600
troops which can be brought intoactive 1
service, and it is believed they will end r
the Mtodoc war.
Mr. Meacham is not expected to sur
NEw YonRK, April 13.-A IIerald
special furnishes the following addition
al particulars of events following the
Modoc massacre. Thei troops found
Meacham about one hundred yards t
west of the place of meeting badly
wounded, with a pistol shot over the c
left eye. IHe was attended to, and car
ried taack for medical treatment. Fifty a
yards further on \\'as found the boly of
Dr. Thomas ly in:g on his fiao and (
stripped to the wvaist. Life was extinct r
froln pistol shot wounds in the heatd.
The body of Gen. Canby was stripped
of every vestige of clothing, and lay
about one hundecred yards southward
with two pistol shot wounds in the
head. Pausing for a moment only to
glance at the body of the man they both
loved andt respected, the troops dalshced i
on and the two leading batteries were !
withini a mile of the murderers when r
thae hugle sounidedl a halt. The Indialns i
having all reachedl a stronghold, the i
troops were ordered to fall back for the
present. The attack on CoCl. Maason' I
camp canommenced by the Indians firing '
on Lieuts. Boyle and Sherwood, who ,
had wandered some five hundlred yards.
outside tiheir pcket lines. Sherwoold c
was shrot tlarough the arm and leg, bIut
3oyle was uninjured; both got safe to
Vaslhington, April 12, 1878. a
To Gten. Gillem, M~lodoc Camp : 4
Your dispatch announcing the terri
ble lees to the sowntry of Qoa. Canb7 4
by the perfidy of the Modoc band of
Indians, has been shown to the Presi
dent who authorizes me to instruct you
to make the attack so strong and per
sistent that their fate may be commen
surate with their crime. You will be
B fully justified in their utter extermtina
tion. WV. T. SHERMAN, General.
The Virginia Resolutions.
Executive Chamber,
Richmond, April 9, 1873.
His Excellency John McEnory, Governor
of Louisiana:
Dear Sir-I have the honor to enclose
herewith a copy of the joint resolutions
adopted by the General Assembly of
Virginia, and approved April 2, 1873.
These resolutions expic.s my own
sentiments, and I believe those of a
large majority of the people of Virginia,
and I trust may conduce to the right
solution of the great ditliculties now
affecting the good people of Louisiana.
With sentiments of high esteem, I
am your Excellency's obedient servant,
Governor of Virginia.
JOINT RESOLUTIONS expressing the
senso of the General Assembly ct Virginia
on the state of public affairs in Louisiana.
Approved April 21, 1873.
The committee to whom was referrcal
the communication of the Governor of i
Louisiana, with the address of the Gov- I
ernor and the Legislatureof that State, I
recently laid before the General Assem
bly, beg leave to report the following I
joint resolutions for its adoption: I
The General Assembly of Virginia s
has recived with profound sensibility
the communication from the Governor I
of Louisiana, with the accompanying r
address to the people of that State, ex- I
posing the wrongs and oppression which I
afflict that unhappy people. .
No language it could employ would r
adequately express its sympathy with e
their sufferings, nor could reinforce the c
appeal made in their dignified and i
manly protest to the "Americand peco
ple,without distinction of past sectional I
feeling, present party differences, or of t
birth, race or color."
It is incontestable that by the order I
of a Federal Judge, made effectual by
military force, a political body claim- ii
ing to be the regularly elected Govern- I
ment of that State, has beenll superseded, I
and another body with rival claims I
suljbtituted in its place, and that both I
claim the allegiance and obedience of t
the people. The disorders, moral, t
social, and political, which have fol- I
lowed upon this anomalous state of e
things, are depicted in lively colors by s
the sufferers, but it may well be believ
ed not too strong, nor ill excess of tile I
An appeal has been made to the P'res
ident for redress, but that official ap- i
pears to have devolved the duty of I
interposition upon Congress, which was e
in session while these transactions were a
in progress; but that body has adjourn
ed without action on the case, and thie
President, in their recess, still refrains
from interfering. The people of this I
(distressed State are thus left, at least for
the present, to their fate.
Vero this received as the deliberate i
decision of those intrusted with the con
stitutional powers of the Government, I
we would be forced to conclude that in- ii
stead of preserving and enfoircing the
pledge in the constitution that "thel
United Silates shall guarantee to every t
State in the Union a republican form of ,
governlellt,''" ilhy wor.' Co-operalinig
to spoil and defeat it. n
But we hope for bettor t lings. There- !1
fore, nI
1. Resol,',d, That this General Assenm- l
bly does earnestly unite in the appeal Il
now being made by the people of Lou- t
isiana to the President for an extra sos- I
sion of Congress, ill order that necessary t;
and legal mlleasures may he illnaugulrated; s
by that honorable body, which will ti
give to that people ajislt, free 0 and re- !:
publican governiment. fi
2. Resolcrcd, in eo,liance with the ll
wish expressed ill said icornlrlllnicatioln, u
that said appeal be inadl knolwn to the II
people of Virginli, a thousandlr collio
ofsaid commntnunication and address, and v
Sof these resoluhitons, he plrinted for 1use t
and distributtd Iby thhe mlemblers of tllhe
Asselllly; l; and that I liis JExcllelcy, u
Governor W:alker,bo reqiesitedl to trans
init a copy of thelSt res.olutiions to Geov- c
irnor Mc Enrory, of L',lisinnlt. i
A copy : (Signed) a
J. hELL ImIGoEn, I
Clerk of Ilouse of IDlehgattes anil 'I
Keeper of the lRolls of Virginia. c
The will of the late FrenTclh Ellle:or, ti
lately problted ii E:glalndi, dlos not'
sustalin the charges, si otrln inade and t
replcatedl, that heo ilundl rld 1' Franca for '
his private use aiiwl lIIPr,. 'The whole t
amounont of $lO,OO0 is left to tile Empress i
without reserve, even including tlhe i
ilncomo of the Prince Imperial. Con- (
Ridering the unbhourdled olppinrtunit!cs I
of thIe late IEmperor for pIersioall appro- (.
printions, anul the case with which hie, l
could have ilnv.ctel rnillioiins in fhreign ,
securities during a ticklish reign of a
nearly twenty years in the nmidstof t
personal plots and political opposition, i
Sthere is something remarkablelo to Arner- .
lcans in this proof of hIonest financial
Srelations with the nation lie goverlnedld.
Of all the wealth lie gave away, and
the corruption and extravagance of his i
oourt, little or nothing eaeo to him. 1
The following is a portion of an
answer filed in atax suit in the Superior
Court of Orleans. The subject is one of a
general interest, and in the answer are
presented some points we regard as
most convincing, although all are not
urged by the attorneys of defendant:
The State of Louisiana vs.--- .- I
And now comes the defendant, and for t
peremptory exception by way of answer
to the petition of plaintiff, denies all (
and singular the allegations therein t
contained, except such as may be hereo
inafter expressly admitted.
And further excepting and answering u
respondent says + * that the assessors c
appointed for the assessment of proper- f
ty in the State of Louisiana are paid as
compensation for their services, by a
percentage on the amount of their
assessment, and are interested in mak
ing said assessment or rating excessive, t
and above what is equitable, and have I
assessed the property of respondent,
sought to be made liable in this suit,
excessively and above what is equita
ble, and from which action of said
assessors there was no appeal and which t
assessments aro illegal and in violation
of the rights of property under theCon
stitution of the State of Louisiana, and
of the United States, anti especially of r
art. 5th and sec. 1 of art. 14 of the
alnenoldnent thereto.
And ful ther answering and except
ing, respondent says that the whole
tax and the items of fi mills per dollar t
for interest on the State debt, for 11 i
mills per dollar for levees and 2J mills t
per dollar for special levee tax, comn
posing in part the tax claimned in this
suit, are otherwise illegal, null and c
void,and not chargeable to resplondent, c
for this, to-wit: Because, among other b
reasons, tihe levying of a tax Is a legis- t
lative act, and can only be done by the
legislature of a Stato acting directly
and explicitly; tlhat the legislature can
not delegate any portion of Its powers
of legislation, directly or indirectly,
except such nia maaay be necessary for
Ilunicipal p)urposes. and to a mIunicipial
body or quasi legislature, collposed of a
persons chosen directly by the people b
thetnselves, because that taxation in a "
republican form of government cannot 0
be imposed upon the people except ti
by their consent, and through the a
agency and direct action of their ir n-I
metliate repraesentatives, chosen direct
ly by themselves, and acting in a legins
lative capacity; that the acts of tihe I
legislature delegating tile power to fix u
the rate of tlaxaItion, to the Auditor ofr
the State, deprives the tax-payer and il
respondent of his right to question the Ii
amount of any tax through his repro
sentative in the legislature, or in any
other iaanaier, aund is itnconstitutional,
niull and void, and in violation of the t
Con.stitution of tile Unitcd States, a
whierein it guarantees a replubliran 1
torim of government; that the said three U
itenms composing in part the claim sued
on, were fixed as to the rate and i
ainount and levied upon the property
of respondena t by the Auditor of the a
State of Louisiana and nota by the Leg
isahturo or the reprrsentatives of the u
Ipeople; that thei said act of the Auditor
and the net of the Legislative authoriz
ing liimn thus to do it., is inconstitution- "
al, null ana void; that said Auditor is
not a part of the Legisiatturo Depart- l
mncllt of the (lovernment, and his acts U
aforeasaid aret in violation of th con- I
stittlion aof the Ntat o(f il ois:na:, ,indI
of the United States, wherin Itglaran- a
t'eLs to each State at republican faram of r
gsoverntelnt; ' is
Anda respo~.rlent, further anrswering t
nndl exc.pting, says that tho wholo tax S
hareinl sued for, and the t wo Items of It
mnills a:nd 2J millts per dollar for lhveae
aind stieial l've pulrpolse, thl 2 minlls It
lover conalltraittiolt fillali tax, aindl tlhe 2 Ii
mills leve\t replir falna tax, annd the 1 nt
mill spile'ial tax, cralled faundlingexpenase
tax, it aforasaiaild, are othlerwise unetonn- c
stitutional, illegal, null and void, in tt
this. among otaher reansaas: That they u
:are lovies for illegal purposes., :andl one ti
fair whic'h the L egisilturo of thi State 1:t
of Louisian: lhad no right to levy a tax
upon the property of respotrent.; that ti
the puttrpius and aobject far which sa:id '
l:ast two itremns ,of tax of 2 riils each S
were, hlaid, was for raising money Lto pay
the IrnteresmLt nnd redule the principal i
fr at debattcira.te:Il foir tha avoawed Iadjecet L
of ibuilding laeves on tlie banks of the *
_iveir Mi-sissippi andl other water
couriasns' inl Louisitina subject to over-!l
llo\v, or to pay, trhe cost of levae.es t
tlri.ady built or contracted or lproposadl i I
to le built or contraeteid; that t aido
levees 'ver soletly for tho priitectioin anld I'
conl4elullonlt incre:ase of th valun of the tai
ir,lperly of individuals, riot of theii
btati, nor of resplonlldent, and in iwhichlV
ne-ithelr hadl any dlirtect int.ernat; that r'
the iiners ofritt property thus hinefit- ii
edt, aurhtaieslod tihe sarIt with the cnll- I
till utttachiet, of huiiling and ketjping al
in relpair thi lev i.'s itn ront th croalIu
annd that the original grants by the
Glovernririent of landrs In Louisiana
fronting tn thle water courscs stubjert to a
ovetrllow were made l ln the coin
dlitlin aforesaidi; tlhat tho money realiz- h
edl from tie ditbt aforesanid was foir tlhe '
exclusiv benfllt of a small section of
the St:ate; andl not for the general wel
ftare, nnd that the Legistature had no
righlt nor power to create a debt,
or levy a tax for its payment, for I
the exclusive benefit of property or the
iowners of property In one portion or sec
tion of the State, or to make adebt or tax
binding upon the property or owner.
of the property in other sections
of the State not directly benefited
thereby; that said legislation creating
said debt, and levying or causing to be
levied said tax for its payment, is un
constitional, illegal, null and void, and
in conflict with the constitution of this
State and the United States, and espe
cially with the first section of the four
teenth amendment thereto, and with
the acts of Congress designed to enforce
the provisions of said amendment and
the principles involved therein.
And respondent, further answering,
denies that the property specified in
the petition is justly or constitutionally
liable to pay the levee bonds or any in
terest thereon, because the tax is not
uniform or equal and is contrary to the
constitution; that the same is imposed
for the protection and defence of pro
perty sometimes subject to inundation,
and the improvements contemplated
improve and enhance the value of such
property; but this defendant alleges
that the property of this defendant is
not of that description, and that it is
not benefited thereby and ought not to
be taxed for the advantage of other
He denies that he is responsible for
the taxes described in the Auditor's
statement as levee tax and special levee
tax, because the said taxes have been
levied for a purpose of special improve
ment affecting land upon rivers, bayous
and other water courses that are subject
to inundation under different conditions,
that the benefit derived is for the owners
of the lands whose property is thus pro
tected and that the value of such lands
is improved by the expenditure to pro
tect or defend them. That a tax opera
ting for the partial and exclusive ad
vantage of the property belonging to
certain owners and not by the State is
contrary to the constitution and cannot
be imposed or collected consistently
Respondent, further answering, says
that the assessment of taxes for the
levee construction tax fund and the
levee repair fund are illegal, and violateO
the constitution of the State and the
United States; that said assessments
and levies are nlmad for the use and
benefit of the Louisiana Levee C(ompa
ny, a corporation created by the Stato
of Louisiana, with whom the Legisla
turo has contracted a debt after the debt
of the State had already exceeded
twenty-five millions of dollars. That
the amount of the debt thus contracted
is not determined by the Legislature,
but to be determined by the Gtovernor
upon a relport by him, and thlat the
anmount is to be assessed, levied, col
lected anl paid without an appropril
tion according to law. That the acts
Nos. 4 and 27 of 1471, under which the
assessments are Iade, are unnconstitu
tional and void, and does not justify
the levy anull collection of the taxes
aforesaid, and that the IssetsuInlltt and
levy of the levee construction fund is
unwarranted, exhorbitant and above
the Hsum allowed by the acts of the Leg
That thie one mill tnax lnastly assessed
and levied and added to the bill sued
on, is also unconstitutional, Illegal, null
and void, for all the foregoing reasons,
andt because it is an attoempt to add to
the amliount of tho debt already existing
andl exceeding the constitutioinai limit
auf 25,000to,000, and is tin Increaso to the
publie dthL, and is Intended to be
usedl inl mkilg uII the new funded
debt, crealedi by mixing the legal
with the illegal debt of the State, anti
adding to the burdens of a peopllo al
readlly overburdened with illegal, op
pres~ive taxation. That the attempt
to inlp.ose upon the whole peoblo of the
State, the burden of building and pro
tetilng the levees aforesaid, and for the
honellt of the owners of the property in
al section of the State, by way of taxa
tion in the entiro Slate, is violative of
article t ) of the consttiituton of this
State, and article 5 and section 1 ofnrti
cle 14 of thle ailti'ndments to thie consti
Lutiol of the United States, and Is Illegal,
uioe ,nstitutionnl, null and void, and
the :ets (if the Legislature to that effect
\Vlchrefiiori respondent prays that
thilq suit he lismissed, and that there be
judglment in his favor, and against the
State of Loui.siana, dlecreeing the tax
sought to be crcllected herein Illegal,
iuill iand(1 void, and that thl) acts (of the
LgislaturIe iitlhorizireg the Auditor of
the State to fix thto rate) of any portion
of the Sltate tax, and the acts creating
deb:lts for the purlpose of loveting the
banks of the Mississippi River, and
olther wat'er cours.s within the State,
for the plirposo of protecting certain
portiors of the Statonuibject tooverllow,
and till the other cnts naturedl herein to
b) unconstitutionatl, Illegal, null and
void; antd rispontlent further prays for
rt)o and all general and clequitabllo re
lief. JULIEN MCIIELr, Attorney.
John A. Campbell, Win. M. Ran.
dollph nal J. Q. A. Fel'lows, ofcoulnsl.
A soeltic who was trying to confuse
a Chlristaiin cidoreI man by the contra
dictory passgesg in thle Bible, nsked
how it could he that we were in the
spirit, and tlhe spirit in us, receivedl the
rclly: 'Oi Oh i dnr's no puzzle 'bout dcat;
it's like dat poker; I put it in do fire
till it gets red hot-now do poker's in
de fire, and ido fire's in de poker." A
profound theologian could not have
made a better reply.
St. Louis now ha. a population of
over 480,000.

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