New Orleans v. Louisiana Constr. Co.
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140 U.S. 654 (1891)
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U.S. Supreme Court
New Orleans v. Louisiana Constr. Co., 140 U.S. 654 (1891)
New Orleans v. Louisiana Construction Company
Submitted November 11, 1889
Decided May 25, 1891
140 U.S. 654
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF LOUISIANA
The destination or character of spaces of ground, part of the public quay or levee in the City of New Orleans, dedicated to public use, and locus publicus by the law of Louisiana, is not changed so as to make them private property, subject to be taken on execution for the debts of the city, by a lease made pursuant to an ordinance of the city by which the city grants to an individual the exclusive right for twenty-five years to use such spaces, designated by the city surveyor, and not nearer than one hundred and fifty feet to the present wharves, for the purpose of erecting thereon, for the shelter of sugar and molasses landed at the quay, fire-proof sheds "with such accommodations and conveniences for the transaction of business as may be necessary," and also grants to him the exclusive privilege of sheltering sugar and molasses landed at the port, and authorizes him to charge prescribed rates on the sugar and molasses sheltered under the sheds, and, in case those sheds "shall not he of sufficient capacity to meet the demands of increased production, or the requirements of commerce," to erect additional sheds on spaces to be designated by the city; he agrees to keep the sheds in repair, and to pay the city, one-tenth of such charges; the sheds are to revert to the city on certain terms at the end of the lease, and right is reserved to the wharfinger to enforce existing regulations against encumbering the quay, and to the city to open or extend streets.
The City of New Orleans, against which the Louisiana Construction Company, a corporation of Pennsylvania, had recovered a judgment for $50,000, filed a petition of intervention and of third opposition, according to the Louisiana practice, to have the seizure and sale, upon an execution issued on that judgment, of the interest of the city in four spaces of ground, part of the public quay or levee, and in certain sugar sheds thereon, prohibited and set aside, because the ground was