True American. [volume] (New Orleans [La.]) 1835-18??, 1839-04-04

consider their rights less 10 regarded than those
ofour own citizens, but that they consider such
persons less capable Of judging ofths general use
fulnesss of such improvements, than our own refi-
dent citizens, or this Council.
Several persons have obtained njunctions against
continuing this street, which If not speedily re-
moved will cause much serious loss and inconveni.
encc 10 great majority ofthose concerned. Your
Committee therefore submit resolution in rcla.
ton to said Injunction, and rejecting the prayer Of
L. C. Duncan, agent, and others.
~ SPENCER GLOYD, Chairman.
d. WHITNEY,
S. ]. PETERS.
Resolved, that the Attorney Of the Munich rality
be- and he is hereby authorised and required to
take immediate steps to procure dissolution OF
the iniunctions obtained by Messrs Dwyor MORT.
son, Reynolds and Bowditch Saunton, against the
opening of the new street between Poydras and
Girrd streets.
Resolved, TINT this Council reject the prayer of
the Memorial signed by l.. C. Duncan, agent and
others against the opening of said street, said Me-
mortal being unsustained by any good reason, and
at variance with the TRUTHS in opposition 10 the
wishes Of tho public, and majority Of the owners
efpr"perty on said street and furthermore, could
not be granted without violation of the law and
the rights of majority Of said owners.
To Hon. Joshua Baldwin,
Recorder of Second Municipality,
Sir:-I have been requested by the Chairman
| Of the Committee Of streets and landings, to
state whether in law tho Municipality is authorized
to enter upon private property and appropriate the
| same to public uses, until the owners have been
paid the value Of tho property thus taken.
| On examining authorities upon this subject
find the law to DO well scttcd-that a corporation
is fully authorized to enter upon and appropriate
lands Of private individuals to public uses-when q
compensation for said property is provided for by
| law-aRd Which can be recovered through the
medium of the Courts of law.
By The act OF 1882, passed by the Legislature Of
our state, tho corporation Of this city authorized
under certain restriction. and upon certain formal
tiles being complied with, to appropriate private
property for opening and widening streets.
| In these cases the corporation has an undo uhted
right to open and widen the street, before the
ers of the property have been paid and their right
so TO do, is justified BY the law which provides a
just compensation to tho ownors Of the land, and
gives them remedy at law TO enforce its payment
| if refused.
This whole question has been ably discussed in q
late in the Supreme Court of the state of New
York, decided in 1887, and to DO found in 9th vol
of Wendelrs Roports-Bloodgoo vs. Mohawk
and Hudson Rail Road Co.
Tho Court in that C Sc maintained the right Of
tho Corporation, under the Limitation above suited
Very Respectfully,
| Your very Ohdt.,
RICHARD NJ CARTER.
New Orleans, March Goth, 1889.
On motion of the same chairman the rules be-
ing dispensed with, the following report and reso
lutions were adopted.
, The Committee Of streets and landings have cx
amined the application Of J. b. Blache Auctioneer
praying to bo permitted 10 sell by auction Grocer.
los and other hosvy articles the vacant ground
forming the centre of Canal street between Maya.
zinc and Levce streets, and report in favor Of
granting the request with such conditions and re
strictons as they have deemed cxpedient.
SPENCER GLOYD. Chm
SAM'L j. PETERS,
BENZ. WHITNEY.
Resolved That permission is hereby granted Ia
;. Is: b'ache' Auctioneor, to expose for sale and
sell ny auction oil tho vacant ground within the
limits OF this Municipality, forming part of the
centre OF Canal street between Magazine and L,.
wee Streets Groceries and other heavy goods ant
merchandise, provided that this permission may
be rescindcd at any time by the Council, and that
said }. Blache shall conform to the police re.
guatons requiring the side walks and streets moi
to be encountered to tho Inconvenience of the pub
lie.
MIR Lockett Chairman of the Police Committee
introduced the following, which, the rules being
dispensed with, was Adopted.
Resolved That Arthur Thomson o and is il
hereby authorised to erect small furnace ant
forge for the purpose Of working brass and moth
ing else, in Girod street IS. IS and Sc, prori 1ee
that said Thomson or whoever may be IN the &C
crpancy of 81 premises shall dcinolsh and re
move such forge, furnace and other works connect
cd Herewith whenever the Council shall order tho
same, or when the same may be complained Of b,
the neighborhood.
Mr. Yorko Chairman of tho Fire Committee in
trodnccd the following, which, the rules bong dis
p nsed with was adopted.
Tho Fire Committee report the following rcso
lutions:
Resolved, That the Surveyor be authorised It
deliver to Fire Co. No. l2, either the engine late l.
used hy Fire Co No 5, or that purchased of Fire
{" No ,, as said Co No II may prefer with til
use of the hose belonging to fire engine No 5.
Resolved, That tho Treasurer nay on the war
rant of the Mayor to fire CO. No l2 two hund re-
d" lars, to enable them to erect building to con
tain said apparatus.
F.. YORKE, Chm
JAMES II. CALDWELL,
/, JOHN HALL
Tn motion the Council adjourned sine die.
, JOHN GIBSON,