The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-12-07
N EW ORLEA N s:
.THURSDAY- MORNfNG,. .DR0EMBERa7

,THURSDAK- MORNING, aDR0EMBER07.
eExraAE CoUSoIL = Wednesdaayf EUsaing. December
6th IS48The following members were present; Mezsrs
Allan, Bernard, Day, Molason, Rice Roselus, Smith,
Surg and VANDERBILT
Mr.. Vandegdf chosen to preside
communication was received from Sheriff Lewis stating
that although the condition of the Parish Jail had freaueDty
been noticed By the Grand jay in its reports and often
brought the Alteration Of the Coune dug several years
past yet no effort has been made TO cause he building be
repaired He says the building now in such condition as
to be insecure for Prisoners and suggests that the matter
requires the immediate attention of the Council He invites
the Council as body. by Committee visit the Prison
and satisfy themselves TO the necessity Of repairs
being made. The communication was referred 10 the Com
mttee on Workhouse and Pdsons
petition received from Messn Hart, Thomas & Co.
popretors Of one OF the lines Of mnibuses running between
Lafayette and New Orleans praying that the mode Of pay
ing license Omnbusss be altered that the payment may
be made semi-anHually instead Of annually petition
also read from Messrs. j. B. Slawson & Co. propeors
Of another line Of Omnbuse in relation to the for On
nbu licenses Under the present ordinances each Omnibus
eapsDe Of containing no more than ten persons and drawn
that ize and drawn by greater number of horses pays
S ING peioners argue mat the discrepancy inequi-
table and that the larger OmnbHses Overtaxed Thew
therefore pray reduction Both petitions were referred 10
the Finance Committee.
a petition was received fom Dan Rice praying the Coun.
cl 10 Kermit him 20 exhibit bis Circus the remainder Of tie
year without equng further payment o license He says
az sly DAY NE tax required OF transient Circus he has
already paid SD which than is paid By the Am
Incense Tor lie adds while
VoiaDe Nealhef eone him TO close bis exhibition the M
phhea're does not suffer the disadvantage and for
these reasons asks that IN the paying point he be
upon the footing with that establishment This petit
n9n yas , also referred g the Finance COMMITTEE;
ON motion claim of Mr. Van Benthuysen. of $40 fof
printing election notices while he proprietor the JEFF
ers3nan was ordered to be paid pro rata by each Munich
The copies of the Digest of the City Laws prepared BY
M Wared not already distributed ordered to be dis
I b to Rs gwen e ne Second Municipality
resolution offered By ~ Smith that the salary of the
AttOrney Of the Council $500 be paid quarterly, rata
BY each Municipality was adopted.
msde BY the Third Municipality Of whaves No is and III
70 j. p Whitney & Co. the agents Of the People Line OF
10 the the exclusive and occupation Of Tie
year $3.50 o the second $3.50 for he hrd $50 H o lie
fourth and sz0O for the fifth, is violation Of the laws OF
concerning Levee dues and therefore null and void Ac
oompaayng this was resolution imposing fine Of
than 80 Or more than 800 for each attempt the
contract BY any person. either in bis official individual
capacity snd gyihg onehaf the fine to the nomer and
me otneI haii 70 The Charity Hospital
Mr. smith IN brief speech, showed the egaty Of this
must arise if each Municipality was allowed TO make such
ds2osl ion Of The whsrves within its limits,
Mr. Rossus agreed with the gentleman as to the utter e
gay o. ne contract Il was direct and aagant violation
elea! 70 every one that the Third Mgn ty had trans
ccnded its powers on this subject but The ion how
the wrong to be Temeded He did think it could be
emedied proposed The General Council was singuaTly
right interfere with the execution OF the rules of the other
corporate authorities Of the city its rules be carried
out BY the authorities Of the Municipality 10 which they are
applicable and the rules adopted in relation the whses
~ tst y " @ III ny " l ti oiiG G
he General Council would be asking the very parties who
Mr. R. said he was convinced Thai no sui could be- nstine
the of the Council contemplated by the resolu
purpose whstever The question then arose, how
the evil 70 be corrected? II could mot be arrived BY The
action Of the Council in It's name Every political or
private corporation can be compelled by the Courts of the
State 10 perform the duties imposed upon them This can
be at
Now, IN this matter the First and Second Municipalities
were Interested and competent 70 bring before the
M Smith confessed the objections raised to the power of
the Council 10 correct tbs ev had struck him STILL he
convinced they were well grounded He asked if
could be that Council was given exclusive contro over
ordinances But their Digest full Of instances the
contrary. Take example. the ordinance in relation
10 dFay licenses imposes fine for its violation and why
does not the Council possess the to collect fine for
put to his friend how Municipal Councils could put al de-
fance the ordinances Of this Council in matter which
MI Roseius sad the General Council was legislative
body and there there was no example y the United States Of
Legislative power one thing and Executive power ano
ther The Legislature Of the State law, but the
House Of Representative cannot sue party for
the violation of that law. This the duty Of the Execu-
Municipalities and The Mayor directs suits be instituted
If the question should raised to the value of the Od
nanees Of the General Council the Courts will decide that
they are supreme. twoud be Is if law of State
would prevail and that Of the State would be declared null
hty In the under consideration. the Third Munich
the Executive officer of the whole city could sue Messrs
Whitney Co for evee dues for the of the wharves
The lease nuty, he said and Cont Of Justice
would ook at Il could not be presumed that the powers
Of Municipality unlimited. Being of opinion that
the mode of correcting the evil proposed Illegal and
would be imperative. heshoud vote against the second
After some remarks from Mr. Bernard and Mr. Day, the
latter introduced substitute for the second resolution
nstructng the Mayor and the Attorney Of the Council
take such legal steps be required to preserve invoate
the laws the State and the ordinances Of the Council
connection with this matter
The substitute was adopted end thus amended the resou
ess Allan. Day. MosisoB, Rice. Roseius, Smith and
s9rgi nays-Messn Bernard and Vandegnif.
Mr. Bernard offered resolution regnate the passage of
carriages Of every description through Royal street and all
he streets between that and the river in the Frat Munich
}allty by providing that carriages moving down Town
hould move through another certain street i being sug
be withdrew It, and the Council adjourned.
MODEL ART1srs-Alfed Hunter. or Dr. Hunter, as he
styled in his bills, yesterday fined 800 by-Recorder
ieno for violating the City Ordinance of June s. 1876
concerning public exhibitions, by exhibiting some Model
Artists his bookstore the corner of Exchange Place
md Cushmhouse street. on Tuesday night without license
DrscHARoED-Wm. Ellington and Cbas Brown, accu.
ed Of stealing clothing the value Of $50 belonging to M
Lesseps of the ship Talma om that ship on the
9Th ut, discharged by Recorder Genos Leseps fail
ng to appear to prosecute
COMMITTED FOR MURDER-JOs6 Fuentes. accused of
abbjng Manuel Duere free coloed man in the vegetable
market Of the First Municipality on the night Of the 9th
It,, examined yesterday before Recorder Genois-
,ucre died in the Charity Hospital two days after he received
he wound from lis effects and the Recorder sent the accused
efore the Fist District Court to be tried for murder.
INouEsrs.-A young Idshman named jeremiah Mahony
found dead at the foot Of Julia street. Tuesday night
nd his body was taken the Second Municipality Watch
Ouse There an inquest was held yesterday and it was
Dund that he died Of apOplexy
A named Patrick Coye also found dead yester
az in house on Edward street. between St. Thomas and
ifV An .