IN THE SUPREME COURT. 
E. H. BARTON, et al., 
vs. 
THE CITY OF NEW ORLEANS. 
BRIEF OF APPELLANTS. 
This is a suit brought by six gentlemen, the late "Sani- 
tary Commission" of the City of New Orleans, against 
the City of New Orleans, for compensation of services ren- 
dered said City, by said "Commission," in the years 
1853 and 1854. 
The facts involved are fully detailed in the Record; the 
services performed, together with their value, are proved 
beyond cavil; and the only question for the resolution of 
the Court is one of pure law, to wit: is the City of New Or- 
leans, under the facts, responsible for the moneyed value of 
the services rendered ? 
The appellants in their petition alledge that the City of 
New Orleans "is justly indebted to them, in the sum of 
seventeen thousand dollars, ($17,000) for this, to wit: that 2 
said City did, by virtue of an ordinance of its Common 
Council, establish a Board of Health in and for said city; 
that said Board of Health did, by virtue *,of the powers 
conferred upon it, and in accordance with the requirements 
of the City of New Orleans, and of the objects and purpo- 
ses of said Board, create and establish a Sanitary Com- 
mission whose duties were to inquire into the origin and 
progress of the yellow fever in the City of New Orleans, 
and its propagation in adjacent localities; to search out the 
causes of yellow fever in ports having intercourse with 
New Orleans; to obtain information touching Quarantine 
laws, the modes of their administration, and their effect in 
protecting cities, towns and communities from yellow fever, 
cholera and other infectious diseases; to procure the neces- 
sary information touching the advantages to be derived from 
the construction of sewers and common drains in cities, 
and touching their adaptability to New Orleans; to make 
examinations into the sanitary condition of New Orleans, 
and into the existence of all agents influencing said sanitary 
condition, during the year 1853, and during previous years; 
and finally, to report whatever in its wisdom would be to 
improve and preserve the health of said city; that said Board 
of Health did elect and appoint the appellants to be mem- 
bers of. and compose said Sanitary Commission; that the 
appellants did accept said appointment, and did, in accord- 
ance with instructions given by said Board of Health, and 
in accordance with the duties of their said appointment, 
enter upon, and perform the labors required of them, as 
aforesaid; and that said city of New Orleans did recognize, 
accept of, and confirm the creation of said Sanitary Commis- 
sion, and the appointment of appellants as the constitu- 3 
ent members thereof, and did accept of and receive the 
labors of appellants in that behalf, as aforesaid." 
The appellee answers with a general denial. 
The Court will perceive that the labor thus required, at 
the hands of the "Sanitary Commission," was large indeed ; 
how that labor was performed, its worth and value will be 
found clearly set forth in the testimony of some of the 
most distinguished savans of our country. Hunt, and New- 
man, of Buffalo; Brown, of Fredericksburg; Laroche, Jew- 
ell, and Bell, of Philadelphia; Morland,Clark, and Shattuck, of 
Boston; Jarvis, of Dochester; Griscom, Francis, and Parker, 
of New York, and Hume, and Milroy, of London, endorse,Tn 
the most satisfactory manner, and with expressions of the 
highest praise, the work of the appellants; they fix, too, the 
value of the work at a sum much larger than that which 
is here demanded of the city. Counsel would refer the 
Court to a printed copy of the "Report," an octavo volume 
of 542 pages, which accompanies and forms a part of the 
record in this case, for a true basis upon which to estimate 
the value 'of the labors of the late Sanitary Commission; 
a "report" which should be studied, without reference had 
to the equitable disposition of the present litigation, by 
every public officer of Louisiana. 
Counsel will now give, in the order of their dates, the 
various acts of the city, and of its agents, which, in his 
opinion, authorize the demand made by the appellants. 
1st.-"An ordinance to establish a Board of Health, for 
the City of New Orleans." 
" Be it enacted by the Common Council of the City of 
New Orleans: 
"Art. 1. That the Common Council shall elect, imme- 4 
diately after the passage of this Ordinance, fifteen persons, 
of whom not more than one half shall be practising phy- 
sicians, who shall form a Board of Health in and for the 
City of New Orleans. The Mayor shall be ex-officio Pres- 
ident of said Board, and shall have no vote, except on an 
equal division of the members. 
" Art. 2. That said Board shall elect a Secretary, who 
shall receive a salary, to be fixed by said Board, not to 
exceed fifty dollars per month. Said Board shall prescribe 
the duties of said Secretary. A majority of all the mem- 
bers of said Board may remove said Secretary for incompe- 
tency, or neglect of duty; and may appoint another in his 
place. A majority of said Board shall constitute a quorum 
for the transaction of business. 
"Art. 3. Said Board shall have authority to establish 
regulations for the preservation of cleanliness in the Streets, 
Alleys, Hotels, Restaurants, Boarding Houses, and Houses, in 
the city; to abate any nuisance that may exist, likely to prove 
injurious to the public health; to establish regulations for the 
returns of burials by the Sextons of the several cemetaries of 
the city, and by practising physicians, and families of the 
deceased persons, in the manner and form to be designated by 
said Board ; and generally to supervise and compel the en- 
forcement of any ordinance, or law, having reference to the 
public health. 
" Art. 4. Said Board shall appoint not less than two 
citizens in each ward, to be known as the Health Wardens, 
in and for said Ward. It shall be the duty of said Health 
Wardens to visit and inspect, from time to time, and during 
the summer months at least weekly, the condition of all the 
Streets, Alleys, Hotels, Restaurants, Dwellings, and Lots, 5 
in their respective wards; and should they discover therein 
any nuisance, it shall be the duty of any Health Warden of 
the ward in which said nuisance may be found, to report 
its existence in writing to the Street Commissioner, whose 
duty it shall be to cause the removal of said nuisance forth- 
with. If, within the twenty-four hours following said notice 
to the Street Commissioner, the said nuisanee still exist, it 
shall be the duty of said Health Wardens to report the 
same to any member of the Board of Health, who may 
order the immediate removal of said nuisance, at the ex- 
pense of the tenant, or owner, of the property on which the 
same may be found. 
" Art. 5. In the case of any existing ordinances of the 
Common Council having reference to the public health, or 
any regulation of the Board of Health be violated, it shall 
be the duty of the Health Warden, in whose ward the same 
has been violated, to report the same promptly to the 
Assistant-Attorney of the city, who shall immediately 
institute suit, in the name of the city, for the penalty im- 
posed by said ordinances, or by said regulations, by said 
Board of Health, as the case may be. 
" Art. 6. The said Board may fix the compensation of 
the Health Wardens hereby comtemplated, provided the 
same shall not exceed thirty dollars each per month; and 
shall publish, weekly, the proceedings of the Board in the offi- 
cial journal of the city, and report the same monthly to the 
Common Council. 
" Art. 7. The Assistant Attorney is hereby required to 
prosecute all persons denounced to him by the Board of 
Health for a violation thereof, and shall receive, as a com- 
pensation, five per cent, of the amount recovered. 6 
" Art. 8. That the Board of Health shall appoint a Phy- 
sician, whose duty it shall be to board all vessels entering 
the harbor of New Orleans, from foreign ports, and who 
shall receive a compensation, for said service, of five dollars, 
to be paid by the vessel. 
"Art. 9. That the Physician of the Port be, and he is 
hereby directed to board all vessels coming into the harbor 
of the city of New Orleans, at or below Slaughter-House 
Point; and any vessel coming to the wharves of the city 
of New Orleans, or passing Slaughter-IIouse Point, before 
receiving the permission of the boarding physician, shall be 
fined in a sum of not less than fifty, nor more than a hun- 
dred dollars, recoverable before any Court of competent 
jurisdiction, for the use and benefit of the Charity Hospital 
of the city of New Orleans ; and the Assistant Attorney is 
hereby directed to prosecute all suits under this ordinance, 
and he shall receive, as his compensation, five per cent, of 
all fines so collected. 
" Art. 10. That the Branch Pilots of the Port of New 
Orleans be requested to notify all masters of ships or ves- 
sels bound to this port from foreign voyages, that they are 
forbidden to come alongside of the Levee of New Orleans, 
until they have been visited at, or below, the Slaughter- 
House Point, by the Physician of the Port. See page 5 of 
Record. 
2d. Election of the Board of Health. 
"Board of Assistant Aldermen, 
" Secretary's Office, November 5, 1857. 
" I hereby certify, that in a joint session of the Boards 
of Aldermen and Assistant Aidermen, on the 25th day of 
July, 1853, for the purpose of electing a Board of Health 
for the city of New Orleans, the following members having 7 
received a majority of the votes of the Common Council, 
were declared duly elected, viz.: Messrs. G. Kursheedt, J. 
M. Howell, Lafayette Guyol, M. Murray, T. J. Ivy, L. 
Greenleaf, J. E. Caldwell, W. L. Robinson, J. M. Vander- 
griff, Capt. Thos. Snow, and Doctors Lemonier, Wood, Fol- 
well, and Baldwin. 
"JAS. A. HOPKINS, 
" Secretary of the Board of Assistant Aidermen." 
See page 160 of Record. 
3rd. Creation of a Sanitary Commission. 
" Board of Health, 
" New Orleans, Sept. 15, 1853. 
"Present-The Mayor, Messrs. Boulemet, Kursheedt, 
Robinson, Vandergriff, Guyol, Elder, Captain Ivy, Doctors 
Baldwin and McNeil. 
" The usual disposition was made of the Reports from the 
Street Comissioner, and of the few Reports from the Health 
Wardens. 
" Mr. Kursheedt presented the following, which, at his 
request, was laid upon the table subject to call: Whereas, 
this city has been afflicted with yellow fever, assuming the 
form of an epidemic, whereby an immense increase to our 
list of mortality has been produced; and, whereas, the pre- 
valence of said disease has involved us in an almost incal- 
culable loss ; and, whereas, the present epidemic has spread 
very extensively throughout the neighboring cities and 
towns, thereby indicating communicability, if not proving 
contagion or infection, 
" Therefore, Be it Resolved-That this Board should 
create a Sanitary Commission to enquire into the origin and 8 
progress of yellew fever in this city, and its propagation in 
adjacent localities. 
" The Board then adjourned. 
"J. C. SIMONDS, M. D., 
" Secretary Board of Health." 
" Board of Health, 
" New Orleans, Sept. 26, 1853. 
" The Board met at the usual hour. Present-The Mayor, 
Messrs. Boulemet, Kursheedt, Robinson Vandergrift, How- 
ell, Elder, Captains Ivy and Robertson, and Doctors Bald- 
win and McNeil. 
" The minutes of the preceding meeting were read and 
approved. 
" Mr. Kursheedt called up the resolution offered by him 
on the 15th inst., and moved its adoption, which was unani- 
mously agreed to. Mr. Kursheedt then offered the follow- 
ing resolution: 
"^Resolved, That this Board will now proceed to the 
election of three physicians, who shall constitute the said 
Sanitary Commission; and that the Commission is hereby 
empowered to employ a clerk or secretary. 
" Dr. Baldwin moved to amend the above, by substitut- 
ing for 1 three physicians,' five persons, of whom at least 
three shall be physicians, which substitute was accepted. 
The resolution as amended was then adopted. 
" It was further Resolved, That twenty-five hundred dol- 
lars be appropriated for the use of said Commission. 
" The Board then adjourned. 
"J. C. SIMONDS, M. D., 
" Secretary Board of Health." 
See pages 168-169 of Record. 9 
4th. Election of the members of the Sanitary Com- 
mission. 
" Board of Health. 
" New Orleans, Sept. 27, 1853. 
" The Board met pursuant to adjournment; the follow- 
ing members being present. His Honor, the Mayor, Pres- 
ident-Messrs. Boulemet, Kursheedt, Robinson, Vandergriff, 
Elder, Captains Ivy and Robertson, and Doctors Folwell, 
Baldwin and McNeil. 
" The Board proceeded to the election of members of the 
Sanitary Commission, in accordance with the resolution 
adopted at the last meeting. 
"Nominations having been made, Mr. Kursheedt and 
Captain Ivy were appointed tellers to receive and count the 
votes. Doctors Axson, McNeil, Simonds and Baldwin, 
were declared elected, having received a majority of the 
votes. 
" Dr. Baldwin having declined serving in the Commis- 
sion, another ballot was taken, when Doctors Riddell and 
Barton were elected to fill the Commission. 
" On motion of Dr. McNeil, the President of the Board 
was added to the Commission. On motion of Mr. Kur- 
sheedt, it was ordered, that the Secretary notify the mem- 
bers elected to said Commission of their appointment. 
" The Board then adjourned. 
"J. C. SIMONDS, M. D., 
" Secretary of the Board of Health." 
See page 169 of Record. 10 
5th. Instructions delivered to the Sanitary Commission. 
" Board of Health, 
"New Orleans, October 3, 1858. 
" The Board met at the usual place and hour. Present, 
His Honor the Mayor, President; Messrs. Kursheedt, 
Robinson, Vandergriff, Guyol, Murray, Elder, and Doctors 
Baldwin and McNeil. 
" Mr. Kursheedt presented the following resolution, which 
was adopted : 
" ' Resolved, That the Sanitary Committee be instructed 
to inquire into the causes of yellow fever in ports and 
other localities having intercourse with New Orleans. To 
obtain full information of all quarantine laws; of ther mode 
of administration, and of their influence and effect in protect- 
ing cities, towns, and communities in general, from yellow 
fever, cholera, and other diseases. To procure the neces- 
sary information on the advantages derived from the con- 
struction of sewers and common drains on the health of 
towns and cities, and of their adaptability to New Orleans. 
To make thorough investigations into the sanitary condi- 
tion of this city; all agents, or causes, influencing it during 
the present year, and previous years ; and to suggest what- 
ever, in their wisdom, will tend to improve and preserve 
the general health of this metropolis.' 
" The Board then adjourned. 
"J. C. SIMONDS, M. D., 
" Secretary of the Board of Health." 
See page 170 of Record. 
Gth. Extract from the message of Mayor Crossman, to 
the Common Council of New Orleans, dated October 
IS, 1853, informing said Council of the appointment, by 
the Board of Health, of a Sanitary Commission. 
" The advent of the yellow fever after six years of unin- 11 
terrupted good health, coupled with the extreme malignity 
of the disease, and its appearance in its most fatal form, in 
localities that have always been deemed exempt from the 
malady, have led many to embrace the theory, that the 
late epidemic was not of domestic origin, but imported. 
This belief has induced very many of our fellow citizens to 
advocate the establishment of a permanent and rigid quar- 
antine, as the only measure calculated to afford security for 
the future. And it is argued, moreover, that even if quar- 
antine laws should be found not only an expensive protec- 
tion, but also an obstruction to free commercial intercourse, 
embarrassing the trade, and ineffectual, perhaps, in se- 
curing the end for which they were established, that the 
experience of the past two months having proved the trans- 
missibility cf the disease to points where the fever never 
before prevailed, we owe it less to ourselves than to those 
doing business with us in the interior, and with whom our 
intercourse is of the most intimate and constant character, 
to adopt such steps as will allay the panic and alarm en- 
gendered in their minds by the ravages of the cruel malady, 
and thus afford to them the impression of future security 
and exemption. 
" It is contended, on the other hand, that the fever being 
of local origin, quarantine regulations are useless and cum- 
bersome ; that the experience of other places favorable to 
the development of the disease, has condemned this protec- 
tion as utterly inefficacious; that the alledged importation 
of the malady this year cannot be substantiated by facts, 
and that we should not, for the justification of a mere popu- 
lar prejudice at home, or with the view of allaying a mis- 
guided excitement abroad, fasten upon ourselves a costly 
and superfluous yoke. 12 
" On ground so debateable, honest and candid minds may 
well afford to differ. Opinions maintained with much plaus- 
ibility, and a strong show of argument on both sides, are not 
readily reconciled to the adoption of a system hosile to their 
preconceived views. It became important, therefore, that a 
minute and searching investigation be made of the causes and 
origin of the late epidemic, that a complete history of the same 
be presented to the world, and that all possible information be 
elicited in connection therewith, for the purpose of establish- 
ing conclusively the value of quarantine regulations so far 
as yellow fever is concerned. Entertaining those opinions, the 
Board of Health, in the discharge of the responsible duties 
delegated to them, have recently appointed a Sanitary Com- 
mission, composed of eminent medical gentlemen, who have been 
in daily session for some time past, and are now actively 
engaged in prosecuting their researches into the rise and pro- 
gress of the late fever. In due course of time the result of 
their observations will be laid before your honorable body, and 
it is to be hoped that the light thrown on the subject may enable 
all parties to determine the question dispassionately I"-See 
addition to Record. 
7th. Approval of Mayor Crossman's Message of the 
18th of October, 1853, by the Board of Aidermen. 
"Board of Aldermen, 
"Secretary's Office, November 5th, 1857. 
" I hereby certify that at a meeting of the Board of 
Aldermen, held on the 15th day of November, 1853, a 
message of the Mayor, dated 18th. October, 1853, relating 
to the Board of Health, etc., which was read at the sitting 
of 27th October, 1853, was ordered to be filed. 
"CHAS. CLAIBORNE, 
" Secretary." 
Sec p. 161, of Record. 13 
Sth. Approval of Mayor Crossman's Message of the 
18th of October, 1853, by the Board of Assistant Aider- 
men. 
"Board of Assistant Aldermen, 
"Secretary's Office, November 5th, 1857. 
" I hereby certify that at a meeting of the Board of 
Assistant Aidermen, held on the 18th day of October, 
1853, a message of the Mayor, of same date, relating to 
the Board of Health, etc., was read; when Mr. Purvis sub- 
mitted the following resolution, viz: 
"'Resolved, That this Board entirely concurs in the 
views so ably expressed by his Honor the Mayor, in his 
message relative to the late epidemic, and the means of 
preventing and alleviating future epidemics of a similar 
character, and that 500 copies of said message be printed 
in pamphlet form, for general distribution.' 
" Mr. .Donovan moved that 1,500 copies be printed. The 
amendment was accepted, and the resolution passed-Yeas, 
18; nays, 1. 
" JAS. A. HOPKINS, 
" Secretary." 
See p. 183 of Record. 
9th. Message of Mayor Crossman, notifying the Com- 
mon Council of the completicn of the Report of the Sani- 
tary Commission. 
" Mayoralty of New Orleans, 
" March 13, 1854. 
" To the Hon. the Members of the 
" Common Council of New Orleans : 
" Gentlemen-I have the honor to transmit herewith a 
resolution adopted by the Sanitary Commission, requesting 
the Common Council to make provision for the printing of 14 
the report of that body, which is now prepared, and ready 
to go before the* public. I most cheerfully recommend to 
your Hon. Body to take the necessary steps for the accom- 
plishment of this object. The Sanitary Commission have 
bestowed great pains and labor in the preparation of this 
Report, and in the vast array of facts which it embodies in 
reference to the epidemic of last year. And as we are now 
approaching the warm season, when precautionary mea- 
sures should be exercised to guard against the recurrence 
of such a visitation, I deem it both advisable and neces- 
sary that the public should be made acquainted with the 
result of the investigation of the Sanitary Commission, the 
members of which have devoted so much time and energy 
to the discharge of the responsible duties confided to them. 
"With respect, I have the honor to be 
"Your obedient servant, 
"A. D. CROSSMAN. 
" 'Resolved, That the President of the Sanitary Commis- 
sion convey to the Common Council notice that the Report 
of the Commission is ready for presentation; and that the 
Council be required to take such measures as will secure 
its printing and publication, and at as early a day as pos- 
sible.' " 
See page 177 of the Record. 
10th. Resolution of the Common Council; providing for 
the printing of the Report of the Sanitary Commission. 
"'Resolved, That the sum of $2,500 be appropriated 
for printing and publishing the Reports of the Sanitary 
Commission appointed by the late Board of Health; the 
whole to be done under the supervision of the said Sani- 
tary Commission, and the money to be paid by the Trea- 
surer, on the warrant of the Comptroller, when the same 15 
shall be received and approved of by the said Sanitary 
Commission: said Reports and accompanying documents, 
tables and maps, when printed and published, to be the 
property of the city, and subject to the disposal of the 
Common Council thereof.' 
" JAS. II. CALDWELL, 
" President of the Board of Aidermen. 
" L. II. PLACE, 
" Pres, pro tern. Board of Assistant Aidermen." 
See page 159 of Record. 
11th. Message of Mayor Lewis, presenting the printed 
Report of the Sanitary Commission to the Common Council. 
" Mayoralty of New Orleans, 
" City Hall, Dec. 12, 1854. 
" To the President and Members of the Common Council: 
"Gentlemen-I herewith present the Report.of the Sani- 
tary Commission, appointed by the City Council to investi- 
gate the origin and mode of transmission of the great epi- 
demic fever of last year, together with all causes affecting 
the salubrity of the city. 
" It is with feelings of just pride that I call your attention 
to this voluminous record of the labors of the Commission, 
which does nearly as much honor to the city's liberality as 
to the gentlemen comprising it, being the first of its kind in 
this country. No subject affecting these important rela- 
tions has been left unexamined. These researches have ex- 
tended back to the first origin of the great enemy of our 
prosperity (yellow fever) among us; and each year of its 
progress and causation traced to the present time, embrac- 
ing, it is believed, nearly every record of value. No less 16 
minute have been the details of remedies to meet the con- 
ditions pointed out; and it is most gratifying to me to say 
to you, that although our condition has subjected us to 
calamitous visitations of disease, it is the unanimous opin- 
ion of the scientific and intelligent gentlemen comprising 
that Commission, that it is entirely removable, and that as 
bountiful a store of health can be enjoyed here as in any 
large city of our Union, if the proper steps are taken to en- 
sure it. These are specially pointed out. The project of a 
Health Department is given as the organ to carry out these 
views; and, to this subject I particularly invite your earliest 
attention. No large city is without a Board of Health of 
some kind; no city suffers so much for the want of one as 
this. We have had occasional Boards without much power, 
and but of very transient duration, for some thirty years 
back. It is full time something permanent was organized, 
for its important bearing upon our sanitary condition, and 
to remove the reproach of carelessness and recklessness to 
which we have been so long subject in relation to health 
and life. There is another reason for immediate action, 
which a cursory examination of this valuable work will sug- 
gest to you. Many of our public works, of the greatest 
moment to us can only be carried on with safety to the pub- 
lic health during the cool months, which are already pass- 
ing away. 
il And again, the subject of Quarantine, so deeply in- 
teresting to the public, I am pleased to find this Commis- 
sion reporting upon with entire unanimity, and taking the 
only rational ground, that, while it is not recommendable as 
a substitute for sanitary measures, it should be enforced 
only upon unsound subjects, and filthy vessels. This, I am 17 
sure will entirely fulfill the public wants, and meet public 
expectation, without placing any unnecessary restriction 
upon commerce. 
There is an urgent demand, at this moment, for the ac- 
tion of such a Board. Vessels are constantly arriving here 
requiring their instant surveillance and attention, with au- 
thority to make such temporary arrangements for a quaran- 
tine establishment as may supply the present necessities, 
until the Legislature (soon to convene) shall make such 
appropriations as will put it upon a permanent footing. 
No great improvement, affecting our sanitary relations, 
can be expected without attendant expenses. These are 
necessarily incidental to all benefits; they are, as it were, 
its price. A full organization of a Health Department will 
probably cost, the first year, $20,000, and during subse- 
quent years, about two-thirds of that sum. It may, and 
probably would save, directly and indirectly, millions to 
this city; remove her reputation for perenial insalubrity, 
now retarding her prosperity, preventing immigration, and 
enhancing the price of every marketable commodity. 
The improvements required, in the opinion of the Com- 
mission, to produce this invaluable change in our sanitary 
condition, are recommended to be met by sources of 
revenue and means entirely independent of any additional 
burden upon our tax-ridden community, and are highly 
worthy of your most serious consideration. 
In addition to them, I would take the liberty of suggest- 
ing that as the Canal of the Canal Bank will soon become 
the property of the State, by expiration of its chartered 
privileges, an early application should be made to the Legis- 
lature for the transfer of the State's rights to the city, 18 
that a credit may be predicated upon its value or in- 
come, and appropriated to the purpose of our sanitary con- 
dition. 
With the developments made in this report, taken in 
connection with our great railroad improvements, it is clear 
to my mind that we have arrived at an era of the most 
critical magnitude to our city. With the adoption of both, 
now clearly demonstrated to be within our reach, there can 
be no limit to our advancement, and we shall be enabled to 
to realize all the fond anticipations of our true-hearted citi- 
zens. 
"Very respectfully, 
"JOHN L. LEWIS. 
" Mayor." 
See p. 161 of Record. 
And 12th, a joint resolution of the Common Council, ap- 
propriating one of the rooms of the City Hall to the use of 
the Sanitary Commission. 
" Resolved, That the use of room No. 22 be, and is hereby 
granted to the Board of Health and Sanitary Commission, 
during the pleasure of the Common Council. 
" J. J. LUGENBUHL, 
" President pro tem. of the Board of Aldermen. 
" S. W. DALTON, 
" President of the Board of Assistant Aidermen. 
" Approved 1st February. 1854. 
* "A. D. CROSSMAN, 
"Mayor." 
See page 158 of Record. 
This resolution, the ninth, in the order of its date, of 
those facts which counsel has deemed it proper to enu- 
merate as authorizing the demand of appellants, is here 
placed last in position, as an act of unmistakable ratifica- 19 
cation of the proceedings of the Board of Health creating 
the Sanitary Commission; and as unmistakable evidence of 
the recognition of said Commission, at the time its members 
were almost exclusively occupied in the discharge of the 
very important duties confided to their learning, their wis- 
dom, and high professional integrity. 
Looking at this array of consecutive acts; the establish- 
ment by the authorities of the city of a Board of Health; 
the creation of a Sanitary Commission by said Board, 
under the authority supposed to be conferred by the sev- 
eral provisions of article 3 of the ordinance of the 25th 
of July, 1553; the publication of the proceedings of 
said Board in the official journal of the city, in accordance 
with the requirements of Article 6 of said ordinance; the 
communication to the Common Council, by message of 
Mr. Mayor Crossman, under date of October 18, 1853? 
of the facts of the creation of said Sanitary Commis- 
sion, the appointment of the members thereof, and their 
actual employment in an active discharge of the very 
important duties imposed upon them; the approval and 
endorsement of said message, by both Boards of the Com- 
mon Council; the appropriation, by the Common Council 
of a portion of the City Hall for the use of the San- 
itary Commission in the prosecution of its duties; the 
message of Mr. Mayor Cross man, of the 13 th of March, 
1854, informing the Common Council of the completion 
cf the labors of the Sanitary Commission, and recom- 
mending the printing of the report of that body; the 
resolutions of the Common Council, providing for the 
printing of said report; and the message of Mr. Mayor 
Lewis, of the 12th of December, 1854, presenting to the 20 
Common Council the printed report of said Commission; 
we must conclude, that however much the Board of Health 
may have acted without authority in creating the Sanitary 
Commission, yet the City of New Orleans was duly notified 
of said act, adopted it, transacted with said Commission as 
with a body responsible to the city for its conduct, accept- 
ed its labors, claimed the ownership of their result, and 
printed and finally disposed of their report as of property 
belonging, beyond dispute, unto itself. 
The maxim of the common law is, Omnis ratihabitio retro- 
trahitur, el mandato prioid aguiparatur: that of the Roman 
law, Si quis ratum habuerit, quod gestum est, obstringitur man- 
dati actione. Rati enim habitio mandato comparator. 
"As an authority may be presumed from employment 
in similar acts," says Paley, "so the same presumption 
arises from subsequent acts of assent or acquiesence; and 
a small matter will be evidence of such assent." Agency. 
Chap. 3, pt. 1, sec. 2, sub sec. 3. 
"When a party assumes to act, not for himself, but for 
another, without any authority whatever, or by an excess 
of the authority delegated to him, in all such cases, if the 
principal subsequently ratifies the act, he is bound by it, 
whether it is for his detriment, or for his advantage; and 
whether it be founded upon a tort or upon a contract. A 
ratification, when fairly made, will have the same effect as 
an original authority has, to bind the principal. And not 
only will the principal be bound by a ratification of the 
unauthorized act of his agent, but if the latter has im- 
properly substituted another agent under him, the ratifica- 
tion by the principal of the acts of the sub-agent will, to 
all intents and purposes, bind him in the same manner as 21 
if he had originally given the agent a power of substitution 
The Roman law recognized the same doctrine." Story. 
Agency. Secs. 242, 244, 249. 
" By far the largest class of cases of ratification of 
unsealed contracts arises by implication from the acts 
and proceedings of the principal in pais; for it is by no 
means necessary, that there should be any positive or 
direct confirmation. And for this purpose, the acts and 
conduct of the principal are construed liberally in favor 
of the agent. Slight circumstances, and small matters, will 
sometimes suffice to raise the presumption of a ratification. 
Long acquiesence, also, without objection, and even the 
silence of the principal, will, in many cases, amount to a 
conclusive presumption of the ratification of an unautho- 
rized act. Where an agency actually exists, the mere 
acquiescence of the principal may well give rise to the 
presumption of an intentional ratification of the act." Story, 
Agency. Secs. 253, 255, 256. 
Let us apply these principles to the facts of the case 
before the Court. 
The Board of Health, in creating the Sanitary Commis- 
sion, certainly supposed that it was acting for its principal, 
the City of New Orleans. The Sanitary Commission was 
created at the sitting of the 27th September, 1853; the 
resolution, setting forth the duties of said Commission, 
was adopted at the sitting of the 3d October, 1853; and 
Mr. Mayor Crossman, the presiding officer of the Board of 
Health, by message of the 18th of October, 1853, informs 
the Common Council of New Orleans, that " the Board of 
Health, in the discharge of the responsible duties delegated to 
them, have recently appointed a Sanitary Commission, com- 22 
posed of eminent medical gentlemen, who have been in 
daily session for some time past, and are now actively 
engaged in prosecuting their researches into the rise and 
progress of the late fever. In due course of time the result 
of their observations will be laid before your honorable body, 
and it is to be hoped that the light thrown on the subject 
may enable all parties to determine the question dispassion- 
ately." It must be remembered, too, that this communica- 
tion of the Mayor, with all proceedings of the Common 
Council, was, by virtue of a law of the State, the Charter 
of the city, duly published in the official journal of the city; 
thus bringing home to both parties, principal and agent, the 
several acts of each. 
That the Sanitary Commission believed that it was au- 
thoritatively organized, and that in all its labors it was 
laboring for, and at the instance of, the city, is clearly 
shown by its occupancy of the room appropriated to its use 
by the Common Council; by its resolution accompanying 
the Mayor's message of the 13th March, 1854, informing 
the Common Council that the report of the Commission 
was ready for presentation; by the language used by the 
Commission in presenting its report to the " Mayor and the 
Honorable the Members of the Boards of Aidermen and 
Assistant Aidermen"; language which could not be misun- 
derstood by either party, and was permitted by the city to 
stand uncorrected; " Gentlemen: you will be pleased to 
accept herewith a report, embodying the results of the 
labors of the Sanitary Commission, upon the special and vari- 
ous matters committed to their charge by the Council;" and 
by a knowledge, brought home to it by the official journal, 
of all the facts connected with the transmission, from time 23 
to time to the Council of the city, of intelligence of its 
organization and of its labors. See printed record, 1st page 
of the book-Baldwin's testimony, cross-examination, p. 
156, of Record. 
Do not these facts prove, does not this silence prove, rati- 
fication by the city? When the Board of Health, by its 
action, created the Sanitary Commission; and when Mr. 
Mayor Crossman, by his message of the 18th of October, 
informed the Common Council of the fact; what was the 
Council's response ? A resolution, appropriating a room in 
the City Hall to its use. When the Sanitary Commission, 
through the Mayor, by message of March 13th, 1854, noti- 
fied the Common Council that its report was ready for pre- 
sentation, what was the Council's response? A resolution, 
approved June 28, 1854, ordering the report to be printed 
and published ; and taking possession of the same, as of 
property belonging to the city. "As an authority may be 
presumed from previous employment in similar acts, so the 
same presumption arises from subsequent acts cf assent or 
acquiescence, and a small matter will be evidence of such 
assent," says Paley. Here is something more than "a 
small matter," proving acquiescence on the part of the city 
in the action of the Board of Health creating the Sanitary 
Commission. " Long acquiescence, without objection, and 
even the silence of the principal, will, in many cases, 
amount to a conclusive presumption of the ratification of an 
unauthorized act," says Story. Here was an acquiescence, 
and a silence, so far as anything like objection to the 
action taken by the Board of Health, and to the subsequent 
action of the Sanitary Commission, is concerned, of many 
months; from the 27th of September, 1853, the date of the 24 
creation of the Commission, until long after the 12th of 
December, 1854, the date of the reception by the city, 
from the hands of its Mayor, of the completed labors of 
the Commission. 
That the Board of Health, in creating the Sanitary Com- 
mission, intended that it should be compensated for its 
labors, appears from Baldwin's testimony, pp. 156, 176 of 
the Record; and that the Commission expected remunera- 
tion is evindent from the testimony of Bailey, p. 179 of the 
Record. Nemoprwsumitur donare. "It is a maxim com- 
mon to the jurisprudence of all countries, that no one is 
permitted to profit by the labors of another, wituout com- 
pensating him for it. Jure naturce equum est, neminem cum 
alterius detrimento el injuria fieri locupletiorem. On this prin- 
ciple, the Roman jurists held, that he who acted for an- 
other by transacting his business, or by making repairs on 
his property, could recover the amount of the expenses in- 
curred, or the value of the repairs; provided the acts of the 
negotiorum gcstor were necessary and useful to the person 
for whom he acted. This doctrine has descended to us, 
and makes a part of the positive legislation of the State. 
Dig. Liv. 50, tit. 17, L. 206, ib. Liv. 3, tit. 5, L. 10, 8, 1, 
Toullicr, Droit Civil Frangais, Vol. 11, tit. 4, Cap. 1, No. 49, 
C. C. 2274, 2278." Per Porter, Justice, 5 N. S. 392. 
Rost, Justice, in the case of O'Reilly vs. McLeod, 2 A. 14 7; 
affirming the doctrine above laid down, said : " That ques- 
tion has long since been settled. It came before the Su- 
preme Court of this State in the case of the Police Jury vs. 
Hampton, 5 N. S.,p. 389. The Court there went into a long 
and elaborate examination of the law applicable to it, and con- 
cluded their able opinion as follows: "The failure of the 25 
Police Jury to give notice cannot defeat this action. It is 
founded on the great principle of equity, that no man shall 
profit by the labor of another, without compensation ; and 
neither error nor bad faith on the part of the negotioruni 
gestor will prevent him from recovering the amount to which 
he has benefitted another, if the work was usefid and neces- 
cessaryy And in Campfrancq vs. Pilie, et al., 1 A. 197, 
Slidell, Justice, said: " The principle nemo prce sumit ur 
donare was carried so far in the Roman law, that in the 
case of a negotiorum gestor the greatest proximity of rela- 
lation, even that of mother and child, was not sufficient to 
found a presumption that the expense, which one has laid 
out for another, was intended as a mere bounty." 
If this were a question between man and man, there 
could be no doubt as to the right upon one side, and as to 
the obligation upon the other; is the law a respecter of per- 
sons; and is it less just, when a corporation is subjected to 
its commands ? 
The Civil Code of Louisiana, with that want of precision 
and completeness which justified Edward Livingston in the 
withdrawal of his responsibility, when an impatient Legis- 
lature hastily adopted its provisions as they were read, 
chapter by chapter, from the Secretary's chair, says: 
" Corporations are of two kinds : political and private. 
Political corporations are those which have principally for 
their object the administration of a portion of the State, 
and to whom a part of the powers of government is dele- 
gated to that effect. A l others are private corporations. 
"Private corporations are divided into civil and religious, 
and this distinction results as well from the quality of the 
persons who generally compose these kinds of corporations, 26 
as from the difference of the object of their establishment. 
" Civil corporations are those which relate to temporal 
police; such are the corporations of the cities, the com- 
panies for the advancement of commerce and agriculture, 
literary societies, colleges or universities founded for the 
instruction of youth, and the like. Religious corporations 
are those whose establishment relates only to religion; 
such are the congregations of the different religious persua- 
sions." Arts. 42b, 421, 422. 
The City of New Orleans is, then, a private corporation, 
although most assuredly endowed with large political 
powers; and, " by the whole course of decisions in this 
country, corporations in their contracts are placed upon 
the same footing with natural persons, open to the same im- 
plications, and receiving the benefit of the same presump- 
tions." Angel & Ames, Corporations, Chapter VIL, Sec- 
tion 8. 
In the case of the Bank of the United States vs. Dan- 
dridge, 12 Wheaton 61, the doctrine of presumed assent, as 
applied to corporations aggregate, was brought under the 
consideration of the Supreme Court of the United States ; 
and upon great deliberation, and a full review of all the au- 
thorities, it was there held, that the same presumptions 
are applicable to a corporation as to a natural person. 
"Suppose," said Mr. Justice Story, in the case cited, "a 
deed pole granting lands to a corporation; can it be neces- 
sary to show that there was an acceptance by the corpo- 
ration by an assent under seal, if it be a corporation at the 
common law; or by a written vote, if the corporation may 
signify its assent in that manner? Why may not its occu- 
pation and improvement, and the demise of the land by its 27 
agents, be justly admitted by implication, to establish the 
fact in favor and for the benefit of the corporation ? Why 
should the omission to record the assent, if actually given, 
deprive the corporation of the property which it gained in 
virtue of such actual assent? The validity of such a grant 
depends upon the acceptance, not upon the mode by which 
it is proved. It is no implied condition, that the corpora- 
tion shall perpetuate the evidence of its assent in a parti- 
cular way." 
And that these presumptions possess an equal vitality 
when resorted to in the assertion of a right against a corpo- 
ration, is shown by the decision rendered in the case of 
Mechanics Bank of Alexandria vs. Bank of Columbia, 5 
Wheaton 320, where it was held, that although the charter 
of a bank enacted " that all bills, bonds, notes, and every 
other contract or engagement, on behalf of the corporation, 
should be signed by the President, and countersigned by 
the Cashier, and that the funds of the corporation should 
in no case be liable for any contract or engagement, unless 
the same should be signed and countersigned as aforesaid," 
yet this section did not extend to contracts and under- 
takings implied in law; so that a recovery was had against 
the bank for money advanced upon a check made in the 
course of business, and signed by the Cashier alone. 
The resolution of the Board of Assistant Aidermen, ap- 
proving of the message of Mr. Mayor Crossman, of October 
18, 1853, comes up with a bill of exceptions, to be found 
on page 182 of the Record ; the Court a quo ruling its inad- 
missibility in evidence, as being the action of only one 28 
Board of the Common Council. But the learned Judge of 
the Court below was evidently unfamiliar with the practice 
of legislative bodies. A message from the Executive, 
when of a nature to be communicated to the two legislative 
bodies, is made to both on the same day; and the action 
taken thereon, if merely in approval thereof, is never con- 
current, but separate; that is to say, a resolution of the 
character of that under consideration, is never sent from the 
House in which it originates, to find approval with the 
coordinate body. The resolution of the Board of Aidermen, 
p. 161 of the Record, ordering the message "to be filed," 
was equally a resolution in approval thereof; and was all 
that was required for its final disposition. Either body 
may print, without concurrence, its own proceedings. See 
Jefferson's Manual; and Rules and Practice of the two 
Houses of Congress. 
A special committee of the Board of Assistant Aider- 
men, appointed by resolution of that body of the 30th 
of November, 1853, call, in discharge of the very im- 
portant duties required at its hands, upon the Sanitary 
Commission, as a body whose time and labor belong indis- 
putably to the City of New Orleans, for cooperative and 
efficient aid. 
This call is to be found upon page 186 of the record, and 
is as follows: 
" Sanitary Commission of the City of Neiv Orleans. 
"Gentlemen: In pursuance of the duties confided to us 
by the Common Council, we request you to cause to be 
prepared a draft of an ordinance fitted to carry into effect 
a system of quarantine, formed on such principles as may 29 
seem to you judicious. This wTe do in the confidence that 
your body is best qualified for the service, as well from 
scientific qualifications, as from the mass of facts, collected 
by you, bearing on the question. 
"Very respectfully, your obt. servts., 
"THEODORE 0. STARKE, 
"WM. DALTON, 
> Committee." 
This action of the special committee of the Board of As- 
sistant Aidermen, together with the proceedings of said 
Board of Assistants, is also brought before this Court by a bill 
of exceptions, to be found on pp. 183, 184, of record; the 
learned Judge of the Court, a quo, ruling the inadmissibility 
thereof, upon the ground " that the same went to show the 
action of only one Board of the Common Council of New 
Orleans." Here, again, the learned Judge of the Court 
below erred from a want of familiarity with Parliamentary 
practice; or with the rules which regulate the proceedings 
of Legislative bodies. Where the Legislative power is 
deposited with a department in the Government, composed 
of two Houses, each House acts independently, and without 
the concurrence of the coordinate body, i i the appointment 
of its committees, whether general or special, and in the 
entertainment and discussion of all reports of said com- 
mittees, upon matters submitted to their consideration. And 
in as far as either House, in the performance of acts not 
requiring the concurrence of the coordinate body, keeps 
within the limits of its independent power, such acts are as 
binding upon the Government of which it is a part, as any- 
thing which both Houses may see fit to do by concurrent 30 
legislation. And this completeness, this power of recogni- 
tion, this power to bind, attaches itself to, and is existant 
in, each committee of each House, when acting within the 
line of its duties. See Jefferson's Manuel; and Rules and 
Practice of the two Houses of Congress. 
The Commission's response to the call of the special 
committee of the Board of Assistant Aidermen, is to be 
found in its special report on quarantine, page 517 of the 
printed record. "Although the Commission believe,'' says 
the response, "that the law of 1825, repealing the quaran- 
tine of 1821, vests in the Common Council of the present 
consolidated City of New Orleans, full power to establish a 
quarantine, yet it is deemed advisable that these powers 
should be rendered more full and definite. • Further, that a 
quarantine, though intended to protect, in the first instance, 
the city, will, if effectual, protect indirectly and directly 
the whole State. The expense thereof should not be 
thrown upon the city alone, but should be assumed chiefly 
by the whole State, and the city would therein and there- 
by be compelled to bear its proportion of the expense 
thereof. The Commission, therefore, recommend that the 
Common Council memorialize the Legislature, requesting 
that full powers to establish, govern, supervise, and direct, 
a quarantine for the port of New Orleans, including therein 
all the routes, road-passes, bayous, and railroads, in any 
and every direction, be conferred on the corporate authori- 
ties of the city, and that an appropriation of hundred 
and thousand dollars be set apart, subject to the 
order of the proper authorities, under proper restrictions, to 
defray the expenses thereof." 
This wise suggestion of the " Commission," resulted in 31 
" An Act to establish Quarantine for the protection of the 
State," approved, March 15, 1855; in the administration 
of which the City of New Orleans has a proportionate 
representation. See Acts of 1855, p. 471, sec. 2. 
The evidence as to the value of the services rendered by 
the Sanitary Commission, is most full and complete. There 
is no variance upon this point to be found in the large mass 
of testimony taken by commission, and given by men 
eminently fitted to speak upon the subject matter under 
consideration. 
Dr. John W. Francis, whose reputation, as a master in 
all the departments of knowledge which adorn humanity, is 
bounded by the limits of civilization alone, says in his 
answer to the ninth interrogatory, "I have no doubt upon this 
interrogatory. The examination of their labors, from the 
documents before me, have led to the conclusion that they have 
achieved a great work. They might individually be satisfied 
with some twelve or fifteen dollars per diem, provided the 
same occupation was conducted most of the year, and might 
be protracted to two years. Five thousand dollars per 
annum might be stated as very reasonable for each member 
for two years. Their labors have been immense"-p. 126 
of Record. 
Dr. Hunt, of Buffalo, says: "I do believe, that sup- 
posing the measures recommended in said report were 
adopted by the City of New Orleans, and throughly en- 
forced, that the salubrity of said city would be greatly 
increased. I believe, and base this belief on my knowl- 
edge generally of the results of sanitary reforms. In one 32 
instance within my knowledge, the mortality per annum 
of a public institution, was one in nine. The introduction 
of sanitary reforms decreased the mortality, in two years, to 
one in twenty, per annum. In relation to the effect of a 
sanitary reform on the population and material interests of 
New Orleans, I can only answer in general terms, that 
health is essential to the prosperity of any city I 
am unable to set any price upon the labor of the Com- 
mittee. I should regard $15,000 as nothing more than 
a moderate compensation for their labor; and in naming 
this sum, I do not intend to estimate the benefits which 
the city would derive."-pp. 26, 27, of Record. 
Dr. Brown, of Fredericksburg, Virginia, says : li For the 
mass of matter it-the Report-contains, its great diversity, 
and the various sources to which the members of the Commis- 
sion had to resort to obtain the information they have embod- 
ied in it, I should think, unless extraordinary diligence was 
employed, and their time entirely devoted to the faithful 
accomplishment of their object, twelve months would be a 
short time for so voluminous and satisfactory an expose as 
this Report contains I do not think I should be 
willing to encounter the labor and responsibility of so im- 
portant a trust, even here, where professional services are 
very inadequately compensated, for less than five thou 
sand dollars for my individual services."-pp. 47, 48, of 
Record. 
Dr. La Roche, of Philadelphia, the author of an exten- 
sive work upon yellow fever, of the highest reputation, 
says: "I have paid attention to sanitary commissions and 
investigations for upwards of thirty years, in reference par- 
ticularly to the yellow fever I am of opinion that if 33 
the Plaintiffs received the sum of fifteen thousand dollars 
in remuneration for the labor and time they have bestowed 
on the investigation referred to them, they would not re- 
ceive one dollar more than they are fairly entitled to."-p. 
81 of Record. 
Dr. Jewell, of Philadelphia, says: " For a number 
of years I have devoted special attention to sanitary 
investigations I devoutly believe that if the 
measures recommended in the said report were faithfully 
adopted by the authorities, they would save the City of 
New Orleans, annually, hundreds of valuable lives, thou- 
sands of dollars, and greatly enhance its advantages for 
health, commerce, and wealth All things considered, 
the claim of fifteen thousand dollars made by the Plaintiffs 
for their services, is, in my opinion, much below what I 
would consider a fair remuneration for the arduous labor 
bestowed by them upon the Commission."-pp. 84, 85, of 
Record. 
Dr. Bell, of Philadelphia, one of the ablest writers upon 
the hygene of cities, says: "I am apprized of the wide 
field of investigation which it was made the duty of the 
Sanitary Commission to enter upon; and of the number 
and complexity of the subjects over which their inquiries 
were to extend; embracing, in fact, some of the most difficult 
and important problems in public hygene In a case like 
the present, in which precedents are wanting on this side of 
the Atlantic, and in the omission of municipal or legislative 
enactments bearing on such questions, it seems to me that 
the labor itself, and the benefit accruing to a great commu- 
nity, as soon as it chooses to avail itself of the results of 
this labor, must be considered in determining the amount 34 
of pecuniary remuneration. Looking first, and merely, at 
the amount of labor performed, and the time necessarily 
taken up in its performance, the strain on the faculties of 
the persons engaged in it, frequent and long interruptions 
to their regular and gainful pursuits, as in part indicated 
in my reply to the fifth interrogatory; and, secondly, at 
the invaluable benefits to the City of New Orleans, on the 
score of improved health, and uninterrupted commerce of 
the city, as stated in my answers to the sixth and seventh 
interrogations; I cannot consider the sum of fifteen thou- 
sand dollars, claimed by the Plaintiffs, to be disproportioned 
to the actual labor, or to the prospective good which would 
grow out of it, when the City of New Orleans chooses to 
act efficiently in the matter. Ten times the amount, now 
claimed by the Plaintiffs, would be thought a small com- 
pensation for him who should offer a certain remedy for the 
cure of yellow fever. The Sanitary Commission point out 
more than a remedy for this terrible pestilence; it shows 
how the evil may be entirely prevented."-pp, 87, 90, of 
Record. See also testimony of Dr. Morland, of Boston; 
answer to the ninth interrogatory; p. 102, of Record. Also 
testimony of Dr. Clark, p. 105, of Record. 
Dr. Shattuck, of Boston, a name of eminent authority 
in all matters touching public hygene, says, answering 
the fourth interrogatory: " I have paid more or less 
attention to sanitary investigations for the last twenty 
years. I have repeatedly written and published facts and 
opinions on the subject. I have had all the experience of 
study and observation. I have examined this city-Bos- 
ton-with a special view to the influence of localities on the 
health of the city, and other places. I have made a sani- 35 
tary survey of several towns in this Commonwealth. I 
have collected most of the reports on sanitary matters, that 
have been published in Great Britain and Europe during 
the last twenty years, and read most of them. I was ap- 
pointed by the State of Massachusetts in 1850, Chairman 
of the Commission to draw up a plan for a sanitary survey 
of the State, and made the report of the Commission en- 
tirely." 
And in answer to the seventh, ninth, and tenth interro- 
gatories, he says : " I have no doubt that the salubrity of 
the city would be greatly increased, its population greatly 
augmented, and its material interests greatly enhanced, if 
the measures recommended in said report were adopted by 
the city of New Orleans, and thoroughly enforced 
I should say that the fifteen thousand dollars, claimed by 
the Plaintiffs, was a small compensation for the services 
rendered I should think the City of New Orleans 
could make no more judicious expenditure than to pay the 
claim of the Plaintiffs."-pp. 107, 108, of Record. 
Dr. Shtatuck speaks with authority. 
See also testiinong of Dr. Jarvis, pp. Ill, 112, of Re- 
cord. 
Dr. Griscom, of New York, says : " I would regard ten 
dollars per diem, for each member of the Commission, as a 
reasonable remuneration for their labors during the time spent 
in the investigation and preparation of this report for the press, 
in addition to the reimbursement of the expenses incurred by 
them. I deem the labors of the gentlemen composing the 
Commission, of the highest interest and value to the com- 
munity to be effected by their recommendations. Their 
duties have been performed with eminent fidelity and 36 
ingenuity. A large amount of important facts have been 
brought to light; and their suggestions are highly judicious 
and important. They are deserving of the thanks, not 
only of the authorities and citizens of New Orleans, but 
of the civilized world."-pp. 122, 123, of Record. 
Dr. Parker, of New York, says : "I have been in the 
profession about thirty-one years, and a large share of that 
time I have been connected with hospitals, and have been 
required to give much thought and attention to sanitary 
measures of every description. Considering the talent 
necessary, and the great toil and experience requisite for 
the execution of the Commission, I unhesitatingly aver 
that, in my opinion, five thousand dollars per annum to 
each member of said Board of Commission would be only 
a fair, or moderate compensation."-pp. 128,129, of Rec. 
The testimony oi Milroy, Hume, and Simon, of London, 
to be found on pp. 137 to 152, inclusive, of Record, comes 
up with a bill of exceptions. The testimony of these dis- 
tinguished men is lost to the Plaintiffs, owing to a want of 
knowledge of the tormal duties of a Commissioner, on the 
part of the United States Consul at that port. Yet when 
Milroy says, "I have read with great care and ottener 
than once, the Report of the Sanitary Commission of New 
Orleans, on the epidemic year, 1853; it is a document of 
great value, and is worthy of taking a place beside the 
Report of the French Academy on the Plague and Quaran- 
tine, and that of our General Board of Health, on the epi- 
demic cholera of 1848-9 "; and when Simon says, "The 
usual remuneration in this country, for such services as 
those of the Sanitary Commission, is at the rate of three 
guineas a day, to each member, while engaged in active 37 
work of the Commission, in making inquiries, or examina- 
tions, inspecting locations, etc.; travelling and hotel ex- 
penses, extra; besides an additional remuneration for 
drawing a report"; they do but corroborate the testimony 
of our own savans upon the subject matters spoken of. 
See pp. 144, 145, of Record. 
Counsel would also call the attention of the Court to the 
testimany of Dr. Lemonier, of New Orleans.-p. 176, of 
Record. 
In conclusion, counsel must express a regret, that the 
municipal authorities of our city have made themselves so 
little conversant with the contents of the very able report 
of its late Sanitary Commission, and are so unmindful of 
the evils which it is its purpose to correct, as to render a 
suit of this character necessary. 
The geographical position of New Orleans, in its commer- 
cial aspects, is unequalled by of any other city in 
the world. With more than thirty thousand miles of inland 
navigation, stretching through every variety of clime, and 
embracing the ■whole of the broad valley of the Mississippi; 
seated upon the Gulf, at the crossing point of the great 
paths of ocean trade, between the Northern and the South- 
ern, the Eastern and the Western hemispheres; it is the 
physical, and should be the economical, centre of the com- 
mercial movement of existing civilization. How, then, has 
it happened that St. Louis and Cincinnati, its natural 
feeders, already exceed it in population; that Chicago, at 
the base of a lake navigation which is closed one third of 
the year, is rapidly pressing forward to occupy the same 
relative position; and that four cities of the Atlantic board, 38 
New York, Boston, Philadelphia, and Baltimore, two of 
them, Philadelphia and Baltimore, essentially provincial 
towns, greatly surpass it, not only in the number, but also 
in the wealth, of their inhabitants? This is one of the 
most important problems of our time, growing out of the 
internal traffic of our country; its solution may be found, 
by a diligent inquirer, very clearly set forth in the report 
which has been so wrongfully turned from its proper pur- 
pose to become the subject of the present litigation. 
Let us, by compelling the municipal authorities to do 
justice, teach them a wisdom which will never be acknowl- 
edged until paid for. Let us, by an argument more per- 
suasive than words, bring them to a consciousness of the 
condition of a city whose population is decimated on an 
average of every two years; and in the words of the 
late New York Senate Committee unon the sanitary condi- 
tion of the City of New York, tea .a them that ''the super- 
vision of the public health, involving the preservation of 
the people's lives by the discovery and suppression of pre- 
ventible diseases, and embracing, as it does, the great sub- 
ject of public hygene, or sanitary science, is the most 
important and' serious obligation that can engage the at- 
tention of the officers of Government." 
Respectfully submitted, 
EDW. II. DURELL, 
Of Counsel.