True American. [volume] (New Orleans [La.]) 1835-18??, 1839-01-31

tons to pay mopay. authorized to be issued by tn
council, bonds bearing the seal THE mnH ality on
excepied should he signed and Issued by the treasur
er, and cont'rsgncd by the comptroller. The SAINT
resolution and annus the authority given tt
the "nyo', to sig, and notes orob gntions for tbs
payment of money behalf oi municipality No. =. II
Conformity to tins resolution, the note OF SG1'0, was
issued by the OF the I'd municipality, i'll favor
OF Nh I.ockett,
Dnlrr 'lesc circumstances it strikes that the
paihl'ii, AS mayor can only mainian tins action III
ca II should appear that the powers and PR negatives
attached by law to his Office have been iutringed by the
Resolutions Of the council Of the Second tnn:lpn'ity.
authorizing the emission Of the noirs in question: with
ont the mayors signature For it seems clear that the
ABSTRACT qesoa of the legality of the employment or
remuneration for services Of one of the members Of the
comet by the council considered az from any inter-
terence N the mode of operations wi h the mayors pre-.
rognilvr, might we'll he raised by Mr.. Gtno:s,
able nliaptait of the Second Municipality, by
other person connected in interest and liability with
the payment of the note in question but ,hat it is
matter which cannot be stirred by him officially, utter
his veto has been ovarrulcd by legal MINORITY of The
council
In this the plaintiff does not appear in his in,.
viduaI official capacity and the only question for me
10 decide under the exception, is whether the official
rights and privileges Of the aa,ilf bnye been violated
by the proceedings Of he council Of the second Nuns
cpali'y in relation to the note Of S5o Issued in favor
The resolution of June S 1921, (which persisted
in hv the council, not" thsnnlng the mayors veto,)
is alleged by the plaintiff to he contrary TO the charter
Oh tnt city bl vflcan;, the laws Amending
said "hhrer that by the adoption of this resolution the
rights n powers vested in the mayor by city charter have
been violated in two rcSpects First the mayors sigma
tnre being necessary t" auhnrse the treasurer to pay
money by the OH recon of the act OF 1870, ihcorp"
rating the city of New Orleans. And second, that no
Off :ia act of the municipality can be valid without the
seal OF the mayoraily being prevous alike! To said
act, Yci, in the present instance the seal Of the nuy-
orally not at xcd to the given to Mr. Lockett,
nelIh"r did the mayor sign tine same.
The 10Th section Of thu nc, of 1875. provides that the
city treasurer, (whosc Office created by the 9TH Sec
ton OF the Ia } shall make nil pay ments for the
city upon warrants drawn by the mayor in pursuance
Of an order of the city cnuncil. The act Of 1886 div
ding the city, having abolished the city council and the
city treasurer it is evdnn that the hh section Of tn"
act of 1875 is no longer applirah. in terms. Let us
EXAMINE be in spirit to each OF the exist
ing municipalities, in the payment OF ther respective OBJ
legations The I'd md 5tf sections of the act OF MARCH
9TH 1926, declare TINT the affairs IF each municipality
snail be adm Mustered by council, composed oi re-
corder und aldcrnen elected by the qualified voters in
such municipality.
The secold section moreover provides, that the mays
or Of the city shall possess and exr.csc the pow
ers within each of said municipalities, which pre-
violsy vested III him. with such exceptions, are
provided in the act oidissn. The nath section is 10
the same effect,
Now we have seen that among the pre- existing pow
ers of the mayor, that of issuing arrants without
which, no payment could he IN de by the treasurer OF
the CITY But the act of division has vested dscreOna
~. powers in the council Of each municipality,
whose scope will embrace in my opinion, the subject
matter of the resolution of the council Of munich paii-
ty No. =, dated 9Th JnIa 1888, referred in the Pc
tton.
The 23l con of the act of division provides that
each municipality shall have separate treasury and
treasurer, the duties and qualifications of whom shall
be defined by the respective councils.
The solution of the 9Th June, 1883 declares, that
hereafter all pronssory notes aud Obligations to pay
money, authorized to be issued by the coancl, ('onls
bearing the seal of the municipality only excepted
shall be signed and issued by the treasurer being coun-
rrsigned by the comptroller &c. and that all nnIhorit,
heretofore given to the mayor t" sign and issue notes
obligations aforesaid OF, behalf of Municipality No.
, be revoked and rnnull d.
This resolution consists OF two parts The first nn-
thorzing and issuing OF obligations of the Municipality
by the Treasurer, is clearly within the legitimate pur
view of the 2d section of the o. division Just quoted
The second, rrvokng the authority herc"ore given 10
the mayor, 10 sign and issue notes obligations,
tealt of the municipality, cannot be considered
attempted repeHl OF M act of assembly; to which it is
to say, the council ncOn potent, for
the law had not vested in the the right of sign
>ng ne notes or obligations OF the mu 'ipaity.
mnI'not be Supposed therefore, that the authority
81 d, heretofore given the mayor must have been
given by some ordinance resolution of the munici
pay; an authority which, if the couNcil of the mr,i-
pay had the power to confer, IT had no less tn" pow
er to hdraw and by such Withdrawal, has not,
IN my opinions usurpcd power which did not belong
to him
With regard to the in question, not having the
the seal Ut the ayeraty, this point ad mis I" no dil-
iruty. Tie lt ccti,n Of the city charter Of 1905,
declares; that the ma shall hive seal, which shall
be affixed 10 ell proper official acts of the corporation.
BIT warrants the treasurer, signed by the mayor,
prnissory sig ed bv the treasurer, do neither
OF them enter into the tntIou Of proper uifC ul acts
OF the c"rpOratIon-whClI expression | understand to
mean ordinances nnd resolutions passed by the
ril, nd III" copies of such OrGEErcS and resolutions.
BY the OF DIVISION indeed. section fourth, each nl
n''ipay hes its seal. of these seals the nasor is
not made the keeper, nor is it clearly specified to what
particular documents it Is necessary to athx them
consider, therefore. that the proussorv of NUM-.
lrCth Y I'M ul,iIpr hcI
that the prer vested in the by law have
been VIOLATED b., til" resolution OF Junc 9th 1888
or h' i~sng of the plQrGsSory note d"scrlhed in the
petition.
1t is therefore audcci and derreci, that the exccp-
ton in ibis L sustained and dat L,. suit bs dis
" - " WIsrEICr COURT.
certify the fore@"ins JUDGMENT to be n true cop.
from the OF maj of record in tie Office OF the cie
this court.
P. LEBLANC Dcpu,y Clerk.
Clerks Office, Goth January, 1889.
On motion of Mr.. Yorkn, the rules being
dispensed with it was
RoSolv d, That the Message Of the Mayor Of the
90 instant be- ceniormaby with lis request, trans.
,nitl"d to the Governor of the State and both Ho-
of the Legislature, and that the Report OF the
Finance Committee thereon, with the annexed doc
uments accompany the satire.
Resolved, That the said Report, Message and
Documents be published in the Iicinl paper and
the Bulletin; also the New Orleans Bee, in Eng
fish and French: an. that the Comptroller ne and
he is hereby authorize o cause to be published in
pamphlet form, under tn supnrntendcnce and di.
rcctions Of fina cmmtte, SUI copies of
the same in English and Fret CHI for the OF the
citizens of this Nun cipalty
Mr.. Gloyd as Chairman otthc Committee
on Streets and Landings, made the follow
ing report accompanied with the five annex
ed resolutions, which, the rules being dis
penscd with, were scverally taken up and
adopted
The COMMITTEE Streets a. d Landings beg
leave respectfully to Repor for the consideration
OF the Co ncil tho following resolutions.
lst. A Resolution auhorising the Comptroller to
pay Thomas Ruby for extra labor on Melpomenc
Canal.
Resolved, That the Comptroller be and he is
hereby authorised to pay Thomas Ruby, Four Huns
dred Dollars for extra labor performed by him in
widening and deepening Mclpomono Canal.
3D. A Resolution requiring the Wharfinger 70
furnish the dimensions Of Euoys, and laclng the
same in their proper stations.
Resolved, That the Whariinger be required to
furnish the Dimensions of the fifteen Buoy' author
ised to be contracted for at the last meeting of the
Council, and chat SAID Buoys when finished pla
ced a his disposal for moorng in their proper sta.
lions.
Sd. A Resolution to have the gates Of tho square
in front Of the Municipal Hall repaired.
Resolved, That the Surveyor be requested 10
have repaired in such manner as to him shall ap>
pear advisable, the gates of the square in front @!
the Municipal Hall.
4lh. A Resolution authorising the Surveyor to