True American. [volume] (New Orleans [La.]) 1835-18??, 1838-10-25
35roccFntugs OF CnilHetl.
Sss e@Gg agg = i sga A1sgge e.
TerspAY, a3l October, 1898

4
The council met pursuant to adjournmcnt-
present Hon Joshua Baldwin, Recorder, Alder
men Caldwell, Gloyd, II III, Lockott. Meux, Peters
Nixon Sewell, and htney.
The Journal Of tho preceding meeting having
bsen rond and approved.
A Communication rom committee OF the
Council OF the First Municipality received,
asking the corporation of this Council and that of
the Third Mrnic palty in the preparing an Ordin-
ance in relation TO free people of color which was
referred TO tho Police Committee
The weekly statement of tho Treasurer b.
mted showng the receipts since !ast report to
have amounted To 50 490 -; issue of Municipal
notes SIS, AIS 90; balance to this date S2l o9S 30
balance last report s2l Isl SO; Expended SIS
100 60; old notes retccmod $40 Co., notes rsceiva.
BILE $lO,34s 3d.
Tho quarterly account of the same officer was re-
ferred to the Finance Committee.
Messrs. d. MAuiey & James les,
accepted as the security of William o. Warnock,
and
Mes.rs Paul E. Layet & NJ. Robitae, as the
security Of VIM. NJ. Carter.
petition OF ]. NJ. Lee, referred to the FL
nance Committee.
Two petitions of tho property holders and resi-
dents in the vicinity of Coils, UNI aud Camp
streets. praying certain improvements TO the tr
angular lot of ground, referred 10 the Com
mtiee Streets and landings
OfNathan Nichols to the sane.
Mr.. Peters as Chairman of the Committee on
nance made tho following report, accompanied
with the annexed resolution:
Tho nance Committee TO whom was referred
tho petition ofthe Orleans Cotton Press Company
requesting 10 be put in possession of GA feet of
ground in front of their Press, claiming the same
to be their property, respectfully report:
That they have atteniivGIy examined said Petit
ton and the Important questions involved in its de-
mand, having called to their aid the Counsel OF the
Municipality, whose opinion they herewith sub
nit
The Company in their petition set forth:
'.I'hai they are owners OF all the bntturo formed
!" and forming in front of tho Cotton Press in
:" suburbs Doiord and Saulet, being about 63l feet
-""fronts bounded by the property or lately be-
" longing to T. Bnrrett ard W. II. Chase. That
81 said batturn is extensive to render large
portion thereof susceptible of icing Immediately
enclosed and used by your petitioners as their
property besides leaving arnplo space for the use
" OF the public aceordngto tic laws of tho state"
The question presented for the consideration and
action oil this Council is one of vast Importance,
and its early decision must not only be desirable
the owners OF front lots within tho limits of this
Municipality, but also to the public whose interest
therein, i'll tue opinion of tho undersigned, is of
incalculable magnitude.
1t appears to your committee to he clearly es-
tabIished by frequent decisions of tho Supreme
Cont OF this state well the highest authori-
TIES that our court rccognse that alluvion drpps.
Its formed in front of an incorporated city, sub e.
quent 10 us inco' poratfon, belong to the public
that is-to tho corporaton-and may bc applied to
public or private uses at tho option of tho Admin
istration Authorities ofsuch Corporation.
1t will not be denied at the bat,uro in question
s5 asme INTO M SHfff the he fH9 tRF66RR'{y
which it is Il Claimed as an accessory, was
included within tho limits of the city of New
Oreans-i therefore belongs to the Second Mum,
pality alone, as the act of the 9th March, 1886,
provides hatail pubic property shall belong 10 the
Municipality within tho limits Of which it may DO
situated.
Tie reason a nd equity olthc law that makes SO
marked distinction betw en- auvion for atoms
in front of rural estates, and Of su h formations in
front of cty-are to your committee evident,
as the law itself is clear. Tho former ou!d be-
long to the proprietor Of plauthtion, because he
is by law compelledto keep the levce and rad in
rcpaII-lnd if the river should make 'nroads on
the evce and road and into his plantation by the
abrasion of its banks, taa los falls on him alone
not only TO the extent Of soil I" ashcd away, but he
is compelled to construct new Lavco and new
road wholly at his esp nse
On the thcr hand-il is the duty of the Corpor.
alton Of city to keep good repair the rad and
Levee in front, to prevent by all possible means
the encroachmenls oitie river on tho front proprie-
tors regardless OF the expense it may be necessary
to incur and if all means should prove unavaiing,
TN the river should cncroach tho Lcvco, the
road and the pr perty Of tho fr Mt proprietor, the
anew road wholly at its expense and fully in
demnfy the front owner TO tne extent OF the value
of his ground taken therefore.
These reasons seem sufficient TO shew why al
luvion formation in front Of city should belong
to its inhabitants generally, and not to the or ners
of tho front lots exclusively, who are taxed nc
than tho owners of lots in the rear, Tor keep
ing the L1voc and road in front of them in raPa'i
hut other forced on the consideration
of your committee by tho petition of the Orleans
Cotton Press Company
They demand tho ground in front of their Press
in order that it may be Immediately enclosed and
doubtless with the intention to build upon it
Were such a proceeding sanctioned by law,
most important part of tho port would be render
ed comparatively useless, the symmetry and beau
ty of the port of the Municipality would DO ut
torly estreyod--buildings would be erected along
its port-lutting out towards the river and on its
immediate banks, conforming only TO it's moan
derng, scrpcntine and caprcious course. For
tunate!y such evil is TO be pretended, Tor Il
the pretensions Of this Com any TO ownership o
the soil which ferns tho banks of tho rive
and essential part Of tho portwerc based on the
law, it is quite certain that they could not take OK
elusive possession oft TO the prejudice the pnbh'
uses to which it is by law desti. ed withou, tho con
sent of THIS Municlp lily.
The Battures forming in front of this Corpo
ration cost tho treasury annually not less thai
S40,00O. This enormous expenditure Will uti
mateiy be returned by the sale of the ground tina
is thus constantly forming Indeed it is no
unreasonable 10 estimate the value of the huttur
in front of the Municipality, divided into lots, j
five years from this time at ten millions OF doliar'
or about one fourth of tho present value OF i
the property situated within the taxable limit
This enormous sum will not be required for pu!
lie purposes and it will probably have 10 be distr
buted pro rata among the owners OF property witt
in the taxable limits The ultimate effects of tn
general disri ution of SO much wealth among u
industrious and enterprising population, yot
Committee will not attempt to describe III
same causes that have created the existing ba
lures, r, cent surveys of the river shew to be
active opesation-to judge then from the form
ton OF alluvion along port during the la
80 years it is not unreasonable to suppose that in
years The landings in front of the Second Munic
pality will be where the opposite ba ,k of Il
Mississippi now is. The great source of veal
thus possessed by tho pubic cannot be too high
apprccated-and it Ill he readily perceived no
intimately connected with this important suhjcc
is the question refer cd TO the Finance ConmIlt
for its consideration.
Believing the ground in front of the Orlear
CT on Press COMPANY and all other ground
miarIy situated within this Corporation TO Geler
to he Second Municipality, your Committee su
init a resolution rejecting the petition of ga
Company SAM ]. PETERS, Chm.
JOHN HALL,
To Samuel ] Peters, Esq,
Chairman OF the Finance Committee,
Dear Sir
have pcruscd the petition of the Upper Cote
Press Co. a1dressedto the Council claiming Il
bature in front of said Press, their private pr
perry with the admission, however, on their pal
of the right of the public to have a street or 70
TO pass through some portion Of the newly ma