True American. [volume] (New Orleans [La.]) 1835-18??, 1838-09-22
29rnrernttl1s 0f Council.
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7uesdug, l5th SEPTEMBER, 1888. 7
The council met pursuant to adiournincnt:-
present Hon Joshua Baldwin, Recorder, A der
men Caldwell Goyd, Hall, Lockett, Meux, Nixon,
Peters and Scwell.
The Journals of the 4th and nth instant hav-
ing bean read and approved, message from the
Mayor read informing the council Of tho suit
instituted against municipalities No l and ) and
their General Sinking Fund by the heirs of Du.
breuil Vars, and requesting TO be informed of
tho wish of the c,,unci in relation te their mode
of payment to be nude to Sites Miller for paving
part of st Charles street with hcxagonal ocks OF
wood. -.A-=..-.-
Upon The second article Mr. Caldwell, introduced
The following, which the rules being dispensed
with WINS takon up and adopted.
Resolved, That the Mayor be and he is hereby
authoris' d to contract with Stiles Millsr for
paving from the south corner OF Lafayette square
TO the north corner Of said square where the fiat
join the cubic blocks of stone in hcxagnnal
blocks OF wood. to draw his warrant on the Treas-
urer Of this municipality for the payment OF the
same in cash,
Resolved, That the Mayor on satisfactory proof
Of the faithful performance of the work, of which
. certificate from the surveyor and the approval
Of the committee streets and landings, shall
be evidence, may draw his warrant for every 200
yards approved on the Treasurer Of this nu-
nicipality.
4N On The first article motion of Mr.. Peters, the
rules being dispensed with it
Resolved, That the Attorney of the municipality
DO and no is hereby Instructed to cooperate with
the attorney of the General Sinking Fund of the
city, and with the attorneys of the first and third
municipalities in defending the corporation of New
Orleans. represented by said Sinking Fund, in the
case Of Dubruei's eirs vs. the city of New Orisans.
The weekly atement of the Treasurer was SUB
mtsd, showing the receipts since ast report to be
$3,9i0 IL, issue of municipal notes $3.50, bal
this date $ls,O44 IA; balances last report
$l8.490 IA ; expended, $9,430 g.; redemption
ofnotes, 1914 so.
A communication from tho surveyor informing
The council that he had atljudca'ed the open ing,
deepening and .nsing of Mepomene Canal to
Thomas Reilly, who offers David McAuly as his
security; motion it was
10. "Resoved That David McAuly lie accepted as
the security of Mr.. Thomas Reilly on his contract
for opening, deepening and cleansing the Melpo
meme Canal.
communication from tho wharfnger, praying
for deputy referred to the committee ON
streets and landings
Petitions Of John Mintlirn praying to be permit
ted 10 erect Steam Engine in his press-reterrod
tcthe Police.
4 Ofthe Washington Art lcry Company, where
&upon, motion the rules being dispensed with it
was sr
- Resolved, That the use of the two pieces
of Cannon ofths Municipality be given during the
ry.
Apeiitou of Messrs. Freret proposing to sell to
the council certain lot of ground bounded by II r
rome, Heya and Pppa streets, was referred 10
the Finance committee.
A petition for The better lighting of Lafayette
Square referred to the committee streets
and landings.
petition against the establishment of another
Ferry, to the same committee.
The Recorder laid before the council the papers
in suit OF the Municipality E, N. Ripley in
which SAID Ripley brings in claim OF reconven.
tion, referred to the attorney.
Mr.. Peters chairmah OF the Finance commit
Tee made the following report with the annexed
resolution, which the rules being dispensed with
was adopted
pei. Tie finance committee 10 whom referred
the le.ier OF the attorney in relation to the suit
pending with tue Carrnllton Bank, have examined
the subject with all the attcnlion its Importance
Z merits, and respectfully reports:
That a plan of division into city lots of the
antuion OF Graviei, drawn by IMvcau Tru
denu, April |, 1888, and reduced copy of the
same drawn by the said Lnveau, dated April 2ll
.l l7SS-Poylras street is represented perfectly
strnight line, from the public road Innv Tchonp
toulas strceD Ia Circus srect-and Perdido street
is represented to be parable! with the said Poydras
street Tie lines Of these streets from Baronnc
towards the rear of the taubourg have been chan.
gcd by in lrGvler without authority. lie dug
basin at the intersection of PoyGras and BaronuC
streets and established canal on the continuation
of Poydras street The change wouli seem tt
have been eff, cited in 1901. would appear by
act Of sale of lots from Jean Gruv!cr to Jh Droue
in 1904, wherein is describrd square of groun'
fronting -Duvcrgcr street. de la Pace Grdvie
street. (now Perldo strcct,l Pigionuir street. anC
Circus street. Also another square formed by dc
la Place street, (now PerLidu strcot) Pigionu
3 rect, and the canal.
A ,,In d.f,.6 J,,nn . draw hr Inf md
Boutet, and referred 10 in act of mortgage by
Jean Gravier to the Orleans Insurance Co. sllcws
the changes effected by the said GraVier. Ihcs!
changes are, LIST basin of $50 feet square at the
intersection OF Poydras and B,ronne streets, in
terccpting Baronue street, and encronchlng on
part OF the width of Pnydras street. End, place
named 'Place Gravier'' extending from said bias in
10 rue de la Pnce Gravier, tnow Perdidn street, j.
Sd, two sire is on the east and west side of SAID
basin from Poydras street to said rue do la Place
Gravicr (now Perdido srect) 4th, canal in tho
continuation Of Poydras street. beginning at the
basin aforesaid and extending towards the rear OF
the faubourg. This canal is bounded on each side
by street which by scale of comparison with
the lots and other dimensions on the plan appear
tn be 4 ieet each IN width According to another
plan showing the division into town lots of the
portion of the plantation of Gravler, comprised
between Circus and ST. Paul Streets tho width o
tie above canal is 40 feet, and the streets ca !
street on the south sdo is named Poy,lras street
and that the north .srue du Canal" or Canal 3
on this last plan. The various sal made hy
Jean Gravicr since 1874, recognize the two las
mentioned plars; according these plans, Thu
snace represented as Canal is onsidered to b.
public, appears by the frequent use of tin
words "facc IA Ia rue du Cana, ;" .'t,ce au Canal,
and "sur lie Canal" III d. signaling The pro3er,ie
and lots then sold. By consulting the orgna
plan of tho laubourg it will be that the spac
established as a caLa aforesaid, is part OF tn
width of Puydras Sreat,-iu fact, this street
thereby made represented 70 feet in width t.
Circus sire I; of these 10 feet the said Jean Ora
vier gives 80 feet t. the canal, t the widt
of Poydras street reduced TO 40 fe from III
eastern xtreinIty Of the ba~in above mentioned t
the said Circus street, and t" enhance the vnlu
of the lots which he proposed to sell, and has sine
sold, he added 40 feet more in ~idth to the porlio
OF said Poydtas street the north side of the ca
nal, and gave to this now, or additional width, tn
name "rue din Canal"
By the preceulng exposition of facts il will b
readily that the space ma ked by the canal 4
aforesaid, is pub ic, and its destination sucl
well established by the documents above mentioned
consequently its destination could not be char &C
without violation OF existing contracts and til
fundamental laws of the stale Those who pu
chased lots having done with the undersa din
that they possessed the advantage of fronting on
large street on which canal Of vigation to fl
ciltate commerce calculated to have been e'
tablshed which would have given additional valu
TO the adjoining lots. BY enclosing the abov
space, the Carrollton Rail Road Company hay
deprived the public of ull access 10 that porto
of the public property designated a canal, chai