385.09763 L93r LOUISIANA--GENERAL ASSEMBLY--SPECIAL COMMIT^^EE OV THE MEXICAN GULF RAILROAD REPORT OE THE SPECIAL COMMITTEE ON THE MEXICAN GULP RAILROAD cisu) I^Er»OI^T or THE SPECIAL COMMITTEE ON THE MEXICA5 GULF RAILROAD, WITH ACCOMPANYING DOCUMENTS; ALSO, A BILL REPORTED TO LIQUIDATE SAID ROAD. H^on. A. W. AV-A^LIiEK, Chairmaiv J. O. NIXON, STATE PRINTER. 1866. "^ UNIVERSITY OF - "-^ ILLINOIS LIBRARY. ^v> ^ AT Ur,3ANA-CHA"..i^A!Gfl ^i ) J. Ilfl x/; H>-i 5. i^t l« REPORT OF SPECIAL COMMITTEE ON THE MEXICAN QULF RAILROAD; ALSO, A BILL EEPORTED TO LIQUIDATE SAID KAILEOAD. Me. a. W. WALKEK, Ch-UEMait. Your committee, after a careful and laborious investigation, beg to lay before you the documents referred to them, together ^^'ith the proofs and sworn testimony taken by them. They find that the Mexican Gulf Eailroad has, for several years past, been managed in an improvident and culpably neglectful manner; that its proprietors and managers seem to have entirely forgotten that any duties or obligations had been imposed on them by their charter; that their em- ployees, influenced by the same spirit, have been regardless of the com- forts and safety of passengers, and of the safe-keeping o ^ the merchandise and other products entrusted to their care. That the road has never been completed, no break-water completed, and no accommodation given, as required by the provisions of its charter. The testimony herewith annexed of the managers of the Koad them- selves, shows that it is unfit for use; that the sleepers and cross-ties are entirely rotten ; that the road bed is imperfectly consolidated, and the iron badly laid. That the locomotives are old and worn out, dangerous to Ufe and limb, and incapable to perform the service required; that they have no spark-catchers, and no cinder or ash-pans, and are, in consequence, constantly setting fire to houses, barns, fences and crops ; that the passen- ger cars are old ai](d worn out; totally insufficient in number. That be- ing totally unprovided with the usual railings, steps broken, they are dan- gerous to life and limbs, and from this bad condition, afford no shelter from the weather, protecting neither from rain or cold. That the freight cars are altogether insufficient, are old and worn out, also constantly break down, injuring the freight, to which they afford no protection from the weather. They are unable to begin to accommodate the inhabitants of Terre-aux- BceufB, as required by their charter. Your committee then examined the charter of the Company and ita various amendments. They find the first act of incorporation to be " An act to incorporate the New Orleans and Texas Navigation Company, and to incorporate the Mexican Gulf Railroad, approved March 9th, 1837." The 16th section says, that said Railroad shall run from the city of New Orleans to any point or place on the Gulf of Mexico, which borders the Parishes of St. Bernard and Plaquemine; and that the road, if it shall not be commenced within three years, and be completed within ten years from the date of the act, 3d March, 1837, the charter shall be null and void. That it shall also make a branch to Lake Borgne, at the place called " Banc de Coquilles," and shall construct a wharf or break-water at said place for the mooring of vessels and steamboats ; that said branch shall be completed within two years, and that the said road shall always furnish the necessary number of cars for the transportation of the produce and other effects of the Terre-aux-Boeufs, at the request of the said planters, and at the usual rates; and two of the seven directors shall be residents of the Terre-aux-Boeufs. The only subsequent amendment of any consequence, was in IS-to, when an act entitled an ' ' act to amend and extend the charter of the Mexican Gulf Railroad, " approved March 10th, 1848. This act amends the first, by requiring the road to run from New Or- leans to some point of Lake Borgne or the Gulf of Mexico. (Sec. 2.) Section 11 provides that before completing the road to the Gulf of Mex- ico, which is to be completed within ten years, that a branch shall be com- pleted within three j'ears of the date of the act, 10th March, 1845, to the Banc de Coquilles, at which terminus they shall construct a wharf or break-water to moor vessels or steamboats, and that the said road shall furnish the necessary number of cars fpr the tra^sportntion of passengers, B products and other effects of the Terre-aux-Boeufs, at the request of the said planters, and at the usual rates ; and the penalty for the non-per- formance of these conditions is, by the same section, that the charter shall be null and void, The first section of the same act declares the charter, before granted, that is the act of 1837, be and is hereby revived, etc., subject to the pri- vileges and restrictions hereinafter enumerated; provided, that any future legislature may, by a vote of two-thirds of each House, respectively, to be taken by ayes and nays, amend this act or order the immediate liquidation of the Company. your committee are therefore forced to the conclusion, from the facts disclosed by the testimony and from the examination of the acts creating the Company, that it has entirely failed to comply with its charter, and has proved a public nuisance, dangerous and injurious to the commu- nity. They beg leave, therefore, to correct the evil, to report the following preamble and accompanying act : AN ACT For the Liquidation of tho Mexican Gulf Railroad Company, and the final settlement of the affairs of said Corporation. Whekeas, the Mexican Gulf Railroad Company, incorporated under "an act to incorporate the New Orleans and Texas Navigation Company, and to incorporate the Mexican Gulf Eailroad, " approved March, 1837, which act was subsequently revived and amended by an "act to amend and extend the charter of the Mexican Gulf Railway," approved March 10th, 1845, has entirely failed to comply with its charter, and proved a public nuisance. Section 1. Be it enacted by the 'Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That the charter of said Mexican Gulf Railroad is hereby declared null and void, and all laws and parts of laws relating, or in any way concerning said Eailroad, are hereby repealed. Sec. 2. Be it further enacted, etc., That the Governor is hereby authorized and directed to appoint three persons, two of which shfiU be residents of the Parish of St, Bernard, to take charge of said Mexican Gulf Eailroad as liquidators. '- Sec. 3. Be it further enacted, etc, , That said liquidators shall have the' powers granted by the charter and the acts amending the same, to the President and Directors of said road, and thoy are hereby authorized to oxerciso the same. Sec. 4. Be it further enacted, etc., That it shall be the duty of said li- quidators to carry on the road, but that ■within one month after they ea- ' ter in possession of the same, they shall advertise said road for sale, in'' three newspapers published in the City of New Orleans, giving thirty days' notice that the said road, with all its privileges, franchise, rails, iron, cars, locomotives, shops and appurtenances are to be sold to the highest bidder, at the Merchants' Exchange, in the City of New Orleans, at the hour of 12 M. , on the day fixed for said sale. That the terms of said sale shall be one half cash, at the time of sale, the other half at one and two years' credit, with 8 per cent, interest, with mortgage on the road, iron, rails, locomo- tives, etc. Sec. 5. Be it further enacted, etc., That in the event the road shall not ^ then sell for a price which wall be satisfactory to the liquidators, they are hereby authorized to refuse the bids ofi"ered, and re-advertise the same for sixty days, in the same manner, terms and conditions; and whatever may be the amount realized at said second sale, the said sale shall be final. Sec. 6. Be it further enacted, etc.. That the proceeds'of said Koad shall be fii-st applied to pay the expenses of the liquidation and of carrjing on the road during said liquidation, the remainder shall first be employed in the payment of all the debts or obligations of said road, and the balance be paid over to the legal owner or owners. Sec. 7. Be it further enacted, etc.. That the liquidators shall keep cor- rect accounts of their receipts and expenditures, and shall render a com- plete and detailed account of their management and proceedings to the next session of the legislature. They shall, in the mean time, be under the control of the Governor, and subject to such orders and directions as the said Governor may give them, for the purpose of strictly, exactly and promptly can-jing out the provisions of this act. Sec, 8. Be it further enacted, etc., That the liquidators shall carry on. the Eoad during the liquidation, and for that purpose they can employ- clerks, engineers and other employees they may deem necessary, and they ai-e authorized to allow them such compensations as they may deem ad- visable; the privileges of the road being hereby revived, so as to enable said liquidators to carry on said road under the charter and amendments, until the final sale of the same, which must be made within twelve months. Sec. 9. Se it further enacted, etc. , That the liquidators to be allowed a sum, not to exceed two thousand dollars each, for their services. Seo. 10. Be it further enacted, etc., That the charter and amendments of the said Mexican Gulf Eailroad, as they stood and existed on the 9th of March, 1837, and March 10th, 1845, is hereby revived and re-enacted in favor of the purchasers of said road, under this act. Seo. 11. Be it further enacted, etc., That all laws, and parts of laws, in- consistent and in contravention with this act, are hereby repealed. Seo, 12. Be it further enacted, etc.. That this act take effect from and after its passage, RESOLUTION RELATIVE TO THE MEXICAN GULF RAILROAD. Whereas, A copy of a presentment of a report of the Grand Jury of the parish of St. Bernard, in the following words, to-wit : That the road, cars and locomotives of the Mexican Gulf Railroad Com- pany, are in an awfiil condition; that the same are no longer of any ser- vice or convenience to the inhabitants of their parish; that the Grand Jury are of opinion that if said Company cannot be compelled to place the road and the cars in a proper condition of usefulness to the public, and to comply in other respects with the requirements of their charter, the proper authorities should and are hereby requested to take proper steps to have said charter forfeited and the privileges thereof transferred to other parties Who will be willing and able to come up to the require- ments of said charter; and whereas, said report Was referred by the Hon- orable Cazabat, Judge of the Second Judicial District Court for the parish of St, Bernard, to the Police Jury of said parish; and whereas, the said Po- ■8 lice Jury have forwarded the said Eeport to their Kepresentative to be presented with their approval to the honorable the House of Representa- tives, I now present the following resolution: Be it resolved, That a special committee of five be appointed to inquire into the condition of the Mexican Gulf Eailroad Company ; whether it has fulfilled its duties according to its charter, and what remedy, if any, shall be applied to remove theinconveniences and e\'il8 complained of, if really found to exist. A. W. WALKER. TESTIMONY OF W. G. BAKEWELL. Meeting of the Cbmmittee on the Mexican Oulf Railroad. New Obleans, Dec. 4, 1865, 6 p. m. Present : Walker, Chairman, Jas. Philips, Decker and Sambola. Sambola acted as Secretary. Mr. Wm. G. Bakewell appeared, and being interrogated, made the fol- lowing verbal statement, which was recorded by the secretary, as given, to-wit: I represent the owner of the Mexican Gulf Railroad and am the execu- tor of the estate of Gordon, which estate owns the said road, the same having been purchased at a sherifi"s sale in order to liquidate said estate and railroad. This was in July, 1850. I have a copy of the act of sale at home. I will furnish this committee with a copy. The execution was in favor of the succession of Gordon against the said Mexican Gulf Railroad Company, an incorporated Company. I was appointed executor by Mr. Gordon; the road being under seizure for a mortgage which Lizardi had on the iron, I prayed the court to stay proceedings until such time as we could obtain judgment for the amount due Alex. Gordon. We obtained judgment and had an order of court to purchase the entire road, inclu- ding the iron; this was in the Fifth District Court of New Orleans. The object of this was, if the estate lost the amount the company owsd to Gor- don, I would have to declare the estate insolvent, and the creditors would have to lose portion of their debts, pro rata. The court agreed that ©n assuming the debt of said Gordon, and also the debts for which the said railroad was legally liable, I, as executor, was authorized to purchase the railroad with all its rights and privileges of the charter; Mr. Gordon having previously bought the original charter from the State of Louisiana. Mr. Gordon formed a new company and sold them the articles he had bought from the State of Loixisiana, for the sum of three hundred and thirty-one thousand and seventy dollars, or thereabouts. The new com- pany paid a portion of the notes furnished for that amount, which notes were handed over to the State, as I believe. After Mr. Gordon's death, the company fell out among themselves, and as Gordon had advanced a large amount in cash to complete the road within the time stipulated, to Lake Borgne, that, together with the stock which ho had taken in part payment from the company, made his claim amount to about four hun- dred thousand dollars, ($400,000.) Then Egana, in behalf of Lizardi, bid the amount of Lizardi's claim, and I bid, also; and being the highest bidder, I became the purchaser for the succession of Gordon, assumiu'^ the debts. As regard the condition of the road, the principal difficulty has been the shape of the iron rails, it being almost impossible to keep it from bend- ing on such swampy grounds and tenacious soil, it being necessary to have longitudinal pieces or stringers on each side, which prevents the water from di-aining off; we, however, run the road in a tolerably satisfac- tory manner, until some time after the beginning of the war, v/hen I was compelled to leave. Gen. Butler seized the road, under the charge of carrying contraband goods; never made any repairs, and managed the machinery while in possession of the United States authorities; refused to pay us any compensation for transportation of Government goods, or pro- fits of the road during that time; finally, when I returned, in 1S64, Gen. Banks agreed to restore the road upon condition that we would carrj' Gov- ernment goods free of charge, and have a loyal man that would take the oath, as Superintendent, provided that the man suited him in a political point of view, and regardless whether he suited us in a mechanical point or not — thus leaving us no choice. The removal of Mr. Armstrong at a time when we could not get any one to take charge of the road, is one cause of the difficulties. A person by the name of O'Neal, acted subsequently 2 10 it as superintendent; before him, a person by the name of Hughes, acted; then we employed a man by the name of Miller, who was highly recom- mended by a number of planters. In May, 1865, the road ran well and was making money; things got out of order some time this full, during the hard rains ; the tracks, it seems, spread, owing to the heavy rains. This was under the same superintendent. Then I employed Mr. Armstrong again, after advertising for a capable man ; and now I bekeve that the road will be in as good a running condition as usual, in two or three weeks. I consider Mr. Armstrong a better man for us; I have no doubt that he can keep the road in better order in wet weather, but we never had any body that could prevent it from getting out of order when there was a spell of weather, on account of the peculiar construction of the road. The debts of the road are between one hundred and fifty thousand to one hundred and seventy-five thous;ind dollars. There is no regular account kept. Adjourned to Wednesday next, the 6th inst., at 5 o'clock, p. m. TESTIMONY OF ANTOINE CHALAIEE AND ME. AEMSTRONG. Minutes of Meeting of the Committee on the Mexican Gidf Railroad, held at Mechanics' Institute, on Wednesday, Dec. 6, 1865, at 5 o'clock P. M. Present : Walker, Chairman ; James Phillips, Decker and Sambola. Sambola acting Secretary. Mr. Antoine Chalaire, a witness, duly summoned, appeared, and being duly sworn, deposes as follows : I reside in the Parish of St. Bernard; was born in said pari.sh; have resided thare all my life. The Mexican Gulf Railroad has been in bad order for the last six or seven years; does not perform trips regularly, not even tolerably; during the last three years they take sometimes a week to make a trip ; the distance is twenty-seven miles. The cars are not safe ; there is nothing to prevent people from falling ofif ; the cars afford no pro- tection in rainy weather; there is as much protection outside as in.side ; the cars leak a great deal; there is no security for freight; if you put anything in the cars the clerk informs us that they are not responsible. I r ^1 will further state that to my knowledge the locomotives set fire to several buildings on the road; several inhabitants inquired of them why they did not set something over the chimney to prevent sparks from escaping; I spoke to Mr. Seddon, the clerk on the road, about this matter; he replied that Mr. Bakewell did not pay tham for that. I have shipped pro- visions on the cars, and after paying freight for the same I was informed by the employees of the road that they were not responsible for the goods. I very often spoke to the managers about the condition of the cars, and their leaky condition, and at a time, also, when more than ten ladies were in the cars during rain, when they all got wet in consequence of the con- dition of the cars. This occurred often and whenever it rained. This state of things continued and existed for the last two or three years. The cause, I believe, is because Mr. Bakewell would not spend any money to improve the road. The bad condition of the road has had a great deal to do in diminishing the value of property in the parish; property dimin- ished one thousand dollars per arpent at least. The inhabitants of a certain portion of the parish, called the Chincha, speak of abandoning that country for want of transportation. A great many of them had to clear this land for cultivation, and had to burn the timber on the ground for want of transportation to take the wood to market. More than a million of cords of wood to my knowledge were burnt on the ground. It costs about two dollars a cord to cut up the wood and put it on the side of the track of the road. In New Orleans it is worth from $8 to $10 a cord. A great many lost large amounts of provisions, such as potatoes and other farm products, for want of transportation. The Parish of St. Bernard supplies the Parish of Orleans with fish, game, vegetables and other pro- visions. The fishermen, after repeated efforts, abandoned Lake Borgne for fishing, on account of the road, all to the great detriment of the citizens of the parish. There were two large settlements of fishermen and of hunters, who have abandoned the parish on account of the impos- sibility of getting their produce to the markets of New Orleans. The price of wood, fish, game, vegetables, &c., has been very much enhanced in New Orleans on account of the difficulty of transportation. Fishermen sometimes lost their whole cargo of fish, and hunters their game, on Recount of the irregularity of the road , the same in regard to vege- 12 tables. If the road were regular, the Parish of St. Bernard could also supply the whole city of New Orleans with vegetables. It is even difficult to obtain the necessaries of life in some parts of the parish for want of transportation. I know the general condition of the road. The road, as it has been carried on and as it is now, is a public nuisance; persons cannot rely on it. All that I have said is of a daily occuiTence. The cars run off the track sometimes three or four times a trip. Mr. Armstrong, being duly sworn, says: I am employed on the Mexican Gulf Railroad as Chief Engineer and Superintendent since the 20th of November last I was in the employ of the company before that at different times since the year 1844. On the 2d of November, 1862, I was taken off the road by the military authorities; was not on it until the 20th of November last. I live at Ducros Station; I see the train whenever it passes, but sometimes it does not pass oftener than once a week; it is never regular. The road, and all the stock, are in a very bad condition. Previous to 1859 I left on account of the difficulty of obtaining from Mr. BakewcU materials to repair the machinery. In May last Mr. Bakewell called at my house and wished me to take charge of the Railroad. I told him that I had no objection to do so, provided he would furnish some means to put it in order; he asked me what I would charge; I said the same as previously, that is, $150 per month and free of house rent; he said he could not afford it, and could get men cheaper; he offered me $125 per month, saying that he could get Mr. Miller for $100, and consequently was giving me $25 more than Sir. Miller. The road is in a verj' bad condition; it would take $50,000 to put the road alone in good order, without counting what it would cost for rolling stock and machinery. A new set of rolling stock would cost at least $50,000 more. K the road was in good order the settlements on the road would improve five hundred per cent. ; the income would improve in like manner. In 1860 I asked for a new engine; Mr. Bakewell told me I could buy an old locomotive from the Carrolltou Railroad Company much cheaper than a new one. I a.sked him what was the name of the engine ; Mr. Bakewell answered, the "Pelican," upon which I remai-ked that said locomotive, the "Pelican," was of no account, and was an old, worn-out machine, and th£it I did no{; want anj' more such engines, that there were twQ sxxch oneg 13 on the road already. I know this to be so. After I was discharged from that road, the Superintendent who succeeded me, Mr. Charles Hughes, purchased this very machine, the "Pelican." This machine would not run on the road. The other two old locomotives of the road had to be destroyed to repair this one ; notwithstanding, this machine breaks down every few days now and then. Mr. Hughes purchased also from the Car- roUton Railroad an old rotten passenger car, which broke down on the first week; it took six months to repair it. The engines on the road have no spark arrester and no cow catcher. There is one engine on the road and two in the shop for the last three months. TESTIMONY OF A. O'NEAL, FLANIGAN AND DE. F. H. KNAP. Minutes of Meeting of the Committee on 3fexican Gidf Railroad, held at Me- chanics' Institute on Wednesday, Dec. 14, at 5 p. m. Present — Walker, Chairman ; James Phillips, Alf. Phillips and A. Sam- bola. Mr. Anthony O'Neal, being duly sworn, says : In the beginning of last March, I made arrangements with Bakewell to take charge of the running gear of the Mexican Gulf Railroad; the ar- rangements were that he was to suspend the Road for two mouths, so as to allow me a chance to repair it, but instead of keeping his word, he put off the purchase of material, etc. , hiring of hands from day to day, untU about a month and a half, when I informed him that if he would not give the proper materials and men, I would leave on the expiration of the ecsond month ; he made no answer. I think the second month expired on the 13th of May. On the 11th of the same month I received a note from him notifying me that if I could not bring my family down at the station and be there permanently, he would get somebody else who would be able to do so. I left on the next day. "While I was in charge of the Road, the rolling stock and locomo- tive were totally used up. Condition of the road very bad, the cars made very irregular trips, it rained forty days at least, during the sixty days that I was on the Road; during the second n;onth I don't think they made 14 more than fifteen trips, and they were very irregular; the length of the road is said to be twenty-seven miles, sometimes it took forty-eight hours to make the trip. The reason was on account of the bad state of the track and the condition of the rolling gear. There did not appear to be any disposition on their part to put the road in proper order, if there was any it was not adequate. There were no adequate means taken to repair the machinery or to put the road in order. I think the people were put in groat inconvenience, in consequence of the mismanagement of the Road. There were not very extensive established rules to get wood. The wood was obtained and gathered up along the road the best way possible, and sometimes the fences were taken ; passengers were frequently called upon to gather wood for the engine on the road, For twenty years previous, I was master machinist on the Pontchartrain Railroad. I consider that I am a competent judge about railroads. I have heard the statement made by the owner of the road. Mr. Arm- strong could put some order with the management of the road, but I be- lieve, from my knowledge of railroads, that it would be impossible for any engineer to do anything satisfixctory on this road, without an outlay of §150,000. Roads of that character generally require at least eight loco- motives to do the business such a road ought to do. There are only three worn out locomotives on the road, these carmot be called locomotives, as they are so much used up. The passenger and freight cars are in the same condition, and it would require new passenger and freight cars in propor- tion to do the business of the road. The state of the passenger cars is such that from the want of proper railings thei-e is great danger to life and limb. There are no spark-catchers on the engine, and in consequence of which they set fire to every thing along the road and even the cars and passeii- gers' clothes. Patrick Flanigan, duly sworn, says : I have been employed on the Mexican Gulf R lil Road since 1852, in the capacity of engineer. The road has been getting down for the last six years. We have been running oflf sometimes twice or three times a trip, in wet weather it is almost impossible to get along. The engines are out of order, ai^d the cars also. I l;nve heard the testimony given by Messrs, 15 O'Neal and Nimmo. The facts testified by them are true and correct with- out exaggeration. It is useless for me to reiterate them, as my testimony. "When the United States took charge of the engine, whilst the road was in possession of the United States, the road was as well managed when in charge of the United States as it was before or after, and made as regular trips. The road was in as good condition, and the rolling stock in as good order when the road was returned to the owners, as when it was taken away from them; this witness acted as engineer on said road, as he has already stated, before the United States took charge of it, during all the time it was in charge of the United States, and much of the time since. He does not consider that the United States injured the road. Dr. F. H. Knapp being duly sworn, says: I reside in the parish of St. Bernard; carry on business in the city at the same time. I can state that the condition of the track, the freight and passenger cars, and engine of Mexican Gulf Railroad, are in a most miserable worn-out condition, and entirely inadequate to transport the freight and passengers to and from the city, as required. It is to the great inconvenience of persons producing crop and carrying on business on or near the road, and also deteriorating the valae of property on and contiguous to the road, which would be greatly enhanced if the cars would run according to the provision of the charter of that road. Real estate along the line of the road is not worth one-half what it would be worth if the cars would be regular. I have, from the best information received, knowledge of the fact that valuable improvements connected with agricultural and other pursuits have been made, supposing that the road would have been run as required under its charter, and in the non- compliance of its charter that these improvements have been abandoned and are apparently worthless. It is a notorious fact, that it is one of the principal sources from which the city of New Orleans is supplied with fish, oysters, game and vegeta- bles; at the same time, there has been, and is still, a considerable crop and sugar raised on the side of the road, which can not be taken to the city on account of the neglect of the road. The quantity of fish, game, vegetables, and various other products, would increase for the market of New Orleans if the road was in such condition as to be depended upon. fiT 16 The expense of the produce would be less, while the comforts of the peo- ple would be benefitted, and the city of New Orleans would gain several thousand dollars a year in the diminished price of these articles. TESTIMONY OF A. DUPRE, W. H. WILDER AND CH.iRLES BIENVENU. Minutes of Meeting of the CommHtee on 3fexican Gidf Railroad, held at 3fe- chanics' Institute, on Monday, Dec. 18th, 1865. Present— A. "W. Walker, Chairman ; Jas. Phillips and A. Sambola. Mr. A. Dupre, Register of Laud Office, being duly sworn, says : The only thing that I can say, two gentlemen came in and asked me if I had land to sell, I told them I had none ; they said they wanted to buy some land somewhere on the Bayou St. Malo, they told me they wanted to enter a preemption right. Witness told them to get the Land Surveyor to ascertain the exact position. They showed witness a notice of seques- tration, signed by Mr. Bakewell, (the two men were Antonio Gomez and Lacier,) for nine sacks of cotton, grown by them on land on the Bayou St. Malo, sajnng that the land on which the cotton was grown belonged to the Mexican Gulf Railroad. Mr. Dupre requested the gentlemen to take a surveyor and ascertain the precise spot. Mr. W. H. Wilder, duly sworn, says : That ho has surveyed the land on Lake Borgne, claimed by the Mexican Gulf Railroad, and on which, it is claimed by Mr. Bakewell, that the cot- ton seized as belonging to Gomez and Lacier, is said to have been grown. That witness represented to Mr. Bakewell that this cotton was not grown on land belonging to the Mexican Gulf Railroad, and that if it was, the Mexican Gulf Railroad, by not completing their road, had forfeited their right to enter the land. The cotton was in the hands of Mr. Cloffenburg. It was released by Mr. Bakewell, retaining the amount of $180 for rent, trespass and freight. Mr. Cloffenburg has the order of Mr. Bakewell in writing. Mr. Wilder knows the condition of the Mexican Gulf Raihoad. He says the track and rolling stock are in a worthless condition. The cars 17 are rtmning oflf the track and breaking down. Witness thinks that in the condition the cars now are, they are dangerous to lives of passengers. Mr. Charles Bienvenu, duly sworn, says : I was born, and resided in the Parish of St. Bernard for forty-two years, more or less. I was in the parish when the Mexican Gulf Eailroad was built, and since 1853 it has not been fit to travel on. During twelve years I traveled on this raih-oad, often during the summer season, and now I think the raikoad is a nuisance, because the ties and trestle work are rotten. The cars and steam engine are really unsafe to travel in, and as regard to the schedule, you know not when you start, and less when you arrive at the point of destination. The cars generally run off the track two and three times a trip. When they want wood for the engine, they take the fences along the road. In time of rain it is necessary to have an umbrella inside the cars to be pro- tected from the rain. For the last twelve years the cars have been a per- fect nuisance. Last October, I went down to court in the Parish of St. Bernard. The cars not having a spark-catcher or ash-pan, set fire to the house of Mr. Gutien-ez, which was burned down. There are plenty of material on the road, but the manager has neither the energy nor the will to buy any. Property would greatly increase if the railroad was properly managed. TESTIMONY OF CAPTAIN S. W. SAWYEE, U. S. AEMY. Mnutes of Meeting of the Committee on Mexican Gulf Eailroad, held at Me- bhanics' Institute, ^Friday, Bee. 21, 1865. Present — Walker, Chaii-man, James Phillips and A. Sambola. Captain S. W. Sawyer, TJ. S. Army, being duly sworn, says: When I took charge of the road there was but one engine in running order, and that in a very bad condition. The cars and road were also in very bad condition, it being almost impossible to run the cars for the fii-st three or four weeks after I took charge of the road. After that time there was no day but what the cars made their regular trip, and sometimes they 3 18 made two trips a day. The road, machinery and rolling stock were in a much better condition when returned to the o-wners by the United States Government, than when taken charge of by me. I took charge of the road on or about the last of October or first of November, 18G2; tui'ned it over about the last of February, 1803. The stringers of the road were almost gone. The road since I have left it has been constantly getting worse, and now it is almost impossible to make a trip. The last time I made a trip, about ioxiv months ago, the en- gine gave out and I had to foot it to the city. Several ladies were on board; it was raining on that day; the cars v.'ere leaking badly. Last spring several planters on the road offered to furnish timber to repair the road and relay the track. They manifested a desire to have the road in running order. At the time the road was under my charge, I was the provost marshal on duty at St. Bernard. TESTIMONY OF JUDGE CAZABAT, Before the Committee on the Mexican Gulf Railroad, Jan. 31, 18C6. Present : A. W. Walker, James Philips and Sambola. Judge A. Cazabat, being duly sworn, deposes and says : That he is the Judge of the Second Judicial District Court; that the Parish of St. Bernard is within his jurisdiction; that for the last two years he has attended the regular terms of the court in said parish; that on account of the bad condition of the Mexican Gulf Kaikoad it has been sometimes impossible for him, indeed very often, to arrive at the court- house in due time to open court according to law, and therefore he was often compelled to hire a caniage to be at the court-house; that on one occasion the cars failed to run for two days, and it was impossible, from the bad condition of the road, to go to court in any other manner, and I had to adjourn court, thereby losing a portion of the term. On another occasion the delay was produced because the cars failed to start at the tima appointed, and did not reach the court-house until late in the even- ing, so that the next day only did I open court; all of which caused great inconvenience to suitors, witnesses and jurj', who were in attendance, and 19 consequently put the parish to very heavy expenses. And on the return- ing trip from the court-house to the city, in company with lawyers Dufour and Lacey, we were compelled to take an open hand-car, exposed to the rain and to the mud, during a \aoleut storm in the winter, and arrived in the city at half-past nine at night. And all this because the steam car, or engine, had broken some part of its machinary. Witness considers the road a perfect nuisance ; the cars are exceedingly uncomfortable ; almost open to the weather ; in fixct, from the great inconvenience experienced witness has ceased using the cars, but goes do-mi in a carriage or cab. Mismanagement and carelessness seem to be the rule on the road, amongst the o-\vners and employees. As carried on, it is an injury instead of a benefit to the community. The condition of the road and cars is dangeroiis and imcomfortable. The road and its condition has been pre- sented by two grand juries during my term, and the witness was referred to Attornej'^ General Lynch for information in the premises. Complaints against the road are almost universal in the parish, and if allowed to go on -without some remedy is ai^plied, ruin must overtake all industry in the parish. Having been informed that the Mexican Gulf Railroad had changed hands, and that the parties purchasing intended to rebuild the same, I proceeded to the office, on Goodchildi-en and Elysian Fields, in order to find out the names of the purchasers, for the purpose of ascertaining if I could get a contract to relay the whole, or some portion, of this road. Mr. Bakewell informed me that the name of the firm who purchased, was Capublin & Smith, who could be found at St. Charles Hotel. I pro- ceeded at once to this Hotel and enquired of all the difi'erent clerks and other persons acquainted with this establishment, and was informed that no such firm existed, in the i)remises. In conversing M-ith Jlr. Bakewell, I informed him that I intended to propose for some of the work. When he enquired what it would cost a mile to rebuild the ti-ack, the owners to famish the iron, I answered him that I could relay the same for $2200 per mile, which astonished him very much, and remarked that it 20 could be built for two-thirds less, per mile. His opinion is that the two- thirds of material foi: cross-ties could be found in the old foundation; his usual stjle of economy being the same ; and in my humble opinion, Mr. BakeweU is yet very much interested in the Mexican Gulf Railroad. If the old cross-ties and stringers are removed from the bed of this road, it will destroy and deprive it of the benefit of twenty-five years settling. To do justice to this track, it is to ditch it on each side and throw the dirt in the center of the same, which would, with the eight inch cross- ties, raise the entire bed at least eleven inches. The number of cross-ties for twenty-seven miles of railroad, 47,520; cost of relaying twenty-seven miles, counting labor and material, $59,400. ANTHONY OXEAL. i To the Honorable Legislature of the State of Louisiana: Gentlemen: Your petitioners, inhabitants of the Parishes of St Bernard and Plaquemines, respectfully appeal to your honorable body for relief from the intolerable evils imposed upon them by the mismanagement and condition of the Mexican Gulf EaUroad. They are aware that a Commit- tee of the Honorable House of Eepresentatives has the matter under con- sideration, and hope, by respectfidly stating what they suffer to obtain some speedy and definite action. The road has already twice been pre- sented as a public nuisance, by two Grand Juries of the Parish of St. Ber- nard, and been brought, by the district judges, to the notice of the Police ■Jury, who repeatedly and earnestly represented the matter to the owners of the road; and twice before it has been brought before the legislature for action- The road is totally unfit to carry out the purpose for which it was created, and has never fulfilled its charter and carried the road to its terminus. The cross-ties and string pieces are entirely rotten, the rails badly laid, the engines worn out, and dangerous; the passenger cars, which do not even keep off the rain, are old and decayed, without rails or the usual safe- guards; and the freight cars, insufficient in number, are old and worn out. T^e trains freqtently take several days to make a trip, whjch could be ac^ 21 complished in two hours, at the slow rate of thirteen miles per houi-. The time of aii-ival and departure is so uncertain that parties are usually com- pelled, after hauling their products to the road, to wait a long time, often several days, for the passage of the train, exposed to the iaclemency of the weather, to the injurj- of their health, and the frequent partial and sometimes total loss of their freight; when on the cars they are not better protected, as they afford no shelter either to goods or passengers. The engiues have no spark-catchers, and the fires no ash-pans, thej- ne- cessarily scatter, everjns-here on their track, sparks and coals of fire which axe conttantly setting on fire houses, fences and crops. The loss fi-om this cause is constant, and amounts, in the aggregate, to several hundred thousand dollars. The fishermen and hunters, who reside in the lower part of the parish, and supply, almost exclusively. New Orleans with both fish, shrimps and game, have lost so much fish and game, through the delays of the road, that they have greatly dimiuished in number, and consequents dimin- ished the quantity of those necessary and healthful supplies, injuriously to the health of the city. The culture of vegetables, potatoes, sweet and Irish, has also been dimin- ished. Saw mills built on the road have proved a total loss to the owners JTom want of ti'ansportation. In the lower part of the parish over one hundred thousand cords of wood, or wood which would have made the quantity, have had to be burned on the ground, after clearing the land, for want of transportation. The loss to the parish is incalculable; it has diminished the population, it has injured the health of the inhabitants from exposm-e; it has dete- riated the value of our property, and is causing our fields to be abandoned, and has caused to New Orleans the loss of millions of dollars, in the in- creased price of fish, game, shrimps, vegetables, fire-wood and sawed lum- ber, aU of which it could supply in unlimited quantities. The same complaints and evils apply to the Parish of Plaquemines. Your petitioners respectfully ask that your honorable body shall direct that some means be devised to relieve them from this intolerable nuisance, in such manner as to render the road useful to the portion of countiy it was intended to benefit, and assist iu the improvement of the city by 221 cheapening and enlarging its sources of supply of the necessaries of life. And your petitioners will ever pray, etc., Philippe Toca, Ph. Jorda Daniel Van Rufif, Anthony Thiel, Sr. , Jose^ih Albrech, M. D. AV. Wcinzette, Pierre Reciz, Edgar Reciz, P. Nunez, J. D. Rousseau, Alex. Wash, Alex. Wash, Jr., F. Rapp, A. Rapp, Castex Bertraud, Sr. , Castex Bertraud, Jr. , Joseph Vincent, J. V. Ruiz, Augustin Serpas, Marcel Cantrellc, Estevan Morales, Hermogene Cantrellc, Joachim Gonzales, Henry Verret, Jean Chaplain, A. Romper, C. Romgen, P. Couture, E. N.Gueniot, Valentine Brady, A. Morren, F. Heldato, L. Senigrie, Joseph Silveras, Cj'prien Serpas, F. Estopinu, F. M. Bienvenu, Denis Villere, Thos. Zanusse, Rene Roussello, Francis Blaser, Patrice Ruiz, Thomas Ruiz, Louis Metral, Francois Dumont, Ed. Gueniot, Francois Weynaers, Frank Lowes, Joseph Redmand, F. A. Marcel, William Gren, J. B. Bernard, A. Bernard, M. Rivas, Michael Kelly, Francis Bourg, Jr., Patrick Kelly, Bicente Torres, Francis Bourg, Sr. , Valcour Livaudais, John Serpas, Joseph Esteve, Lorenzo Morales, Jr., Santiavo Nunez, L. A. Ducros, Septime Toca, Louis Gutierrez, W. Artcelo, Anto. Serpas, Philippe Gutieros, Clement Maeb, R. V. Ducros, Francois Estopinal, E. Braux, Paul Serpas, Fred. Faivre, cure do St. Bernard, Manuel Serpas, Estive Nunes, Arthur Serpas, Francis Artilta, Jr. , P. Torda, Jr., Ante. Chalaire, Joe. Hernandez, Pablo Felien, E. L. Nimmo. y 23 REPORT OF THE GRAND JURY OF OCTOBER TERM, 1865. To the Honorable A. Cazabat, Judge of the Second Jiidicial District Court of the State of Louisiana, in and for the parish of St. Bernard : The Report of the Grand Jury of the parish of St. Bernard, for the Oc- tober term of the Court, respectfully represents : That the road, cars and locomotives of the Mexican Gulf Railroad Com- pany are in an awful condition ; that the same are no longer of any service or convenience to the inhabitants of their parish ; that the Grand Jury are of opinion that if the said Company cannot be compelled to place the road and the cars in a proper condition of usefulness to the public and to comply in other respects with the requirements of their charter, the proper authorities should, and are hereby requested to take proper steps to have said charter forfeited, and the privileges thereof transferred to other parties who will be willing and able to come up to the requirements of said charter. [Signed] V. R. DUCROS, Foreman. True copy from the original on file in my office. PH. JORDA, Clerk of District Court of St. Bernard, L 1 i I I 1 j 1 T . I i ]' r I ia\HO«s URB^*"^ msS^^Stsptc^^L'^' RtPOR'^