William R. Day

“ The fact that money has once been raised by taxation to meet the payment, which has been lost, is no defense to this suit. The claim of the bondholders continues until payment is actually made to them. ”

“ The city still has the power to levy these taxes for the benefit of the persons for whom they were intended, and who had a contract right to the exertion of the remedies for the satisfaction of their claims by the levy and collection of taxes existing when their debts accrued, which right could not be taken away from them by subsequent legislation. ”

“ The petition averred that the maximum rate of taxation for the years 1869-1877, inclusive, had not been levied, and prayed a writ of mandamus requiring the city of New Orleans, through its mayor and council, to levy and pay over to the relator, as receiver, a tax of 1 mill on property within the city of New Orleans, or so much thereof as might be necessary to satisfy the judgment. ”

“ The court, therefore, treated the petition for mandamus as one based upon a judgment to recover taxes which the city had collected and not paid over. Considering the case in this aspect, the learned court held that the power to levy taxes for the various years for metropolitan police district purposes had been exhausted, and that there was no power to relevy such tax ”

“ If the funds are lost after collection, and before they are paid over, the loss falls on the county, and not the creditors. The writ as issued was properly in the alternative to pay from the money already raised, or levy a tax to raise more. ”