The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-26
Meeting of the Joint Committee.


RoAD The Joint Committee upon the subject of the
met 10 adjournment yesterday past
O'Clock, Mills Honor the Mayor presiding. Preen
Messrs. Fabre Richardson. Cook Montanye and Duprt
The Mayor stated that there quorum present. bu
he wonld proceed TO before the Committee letters foI
Rande Hunt, Attorney for the Second Municipality an
Mr. Sauve He had addressed letter also. as desired
the Committee to the Police Jury of the parish of Jefferson
but had received answer. The letter from Mr. Hunt
then read:
To a. y. CrOssman Esq, Mayor:
SRI received communication from you. enclosing
city, requesting opinion upon the legality of con
srucng ievee on the north e OF Felicity road from
resolution calling the Surveyors report the 9Th
June upon the expediency of running such levee.
Of this month The Surveyors after reported agains
the expedency of the proposed evee did not therefore
mred l have since received another communication
requesting me to furnish opinion this day. tn.
Legality OF running such ieyee.
1t Is manifest upon the ceaest principles of selfprotec
an overflow Of the Msspp TE the p0ifs, 81
natural law and is confirmed by the the
Q, isis ana ie3 pointed out by Mr. Preaux, in bis opinion
The policy the State upon the subject of evees as de-
based necessity of shopping artificial means Of
projecting the land from an overflow,
words It is servitude due by the estate situated below
to the waters which naturally the
used to create that servtude." NV '''A
Tne proprietor below at liberty raise any DAM or
10 maze any 0ther works TO prevent the running of the
l. has been suggested, in of daily papers that the
evee would prevent the natural running drain
bayon St.John, am that therefore it would be Illegal
been nteupe The CHATTER ssnted to ni be Gbg
Company Ia 1888 provided for the of dams evees
atng OF cis for dIaining those waters INC
des the 656th article of Code taken from the
France hat Article the Civil CODE ofs 6eGa bsd
The lower owner OF land the construction dam which
Iiom ra,ns does not apply to the of torrent or
ve Therefore the ho'er on the lower limits has the right
10 construct dam to prevent undaton from torrent or
the nyer which runs the line of his property even
should such dam back up the waters to the prejudice of
am therefore, of opinion that the city can erect the mo-
protect from nundaon provided that the city does not
infringe upon the right OF private property
am SIT, respectfully, your OhedIant servant,
New Orleans May p. 1919.
Mr. Sauve stated in his communication in answe, tn \
letter from the Mayor that he did wish to call upon the
planters in his send their negroes to labor upon
the evee proposed be built around the works. that the
INJURY that had already resulted them from the
required at the present time all of aborers but that he
believed II the Mayor would call upon them in his own
name, and that OF the City of New Orleans that the plant
els would readily respond to the call provided that Msss
Sugl and Dunbar continued in the direction of the
wok lie stated that he believed the evee should be built
upon the old and then could be framed from the ma
terra then the ground.
Mr. Surgi the SURVEYORS being present at the mao,
ing was called by the Mayor state his views in re-
gard to the proposed evee to the works and the
Suei stated that they expected three days to eec
uaiy protect the work.. by OF be raised
back Of the same; that the was closed with the
exception OF drainage of water through of the capacity
pI ~ iee VIDE and feet deep. That he required la
ION The planters The laboers then the crevasse
ed OUT that the negroes worked expedtIousy They
expected to keep small force there during the whole week
ne believed tht there was no danger of the works giving
bn he did anticipate another the battmre
II Mr. ssnye and he would counsel the building Of the
eVee on Felicity Road He estimated the cos of an EN-
'aS kmsnt feet high and fee, the base TO be $500
MI Surg further stated that he believed that The planters
would send lew hands EACH if called upon without ask
ng for remuneration for the purpose Of completing the
resent work but that if a number of laboers was asheJ
heir pa9tsons They had already refused call Of the
he evee on Felicity road VI
full meeting Of the COMMITTEE and auboy ssa ,o 10,
he Councils of the three Municipalities He could not see
construct said evee but in full meeting he would be
repaired 10 take one side the other II the Council of the
econ Mnnc,palty was in favor of raising the evee he
but that the First Municipality he houghf would incnr
esGer rspon. ;1hy He moveda call of the Councils by
MI Richardson replied He considered that the city had
nndonbfed right construct the proposed levee on Fell
eipailty had right to raise eyee Canal street upon
sound and that # the city did protect the people
wee from Gavez the old Canal The eitizens Of
tx weeks had they suffered from the flood and thew cond
a"Ss no sn a ao Of calling
M. DunIe asked if Felicity was not claimed BY the
Mr.. Montanye replied stating that they had renouisbed
at right in omise between the authorities of Lafay
te and New Orleans. |
Alter further dcusslon it was determined upon
at the Mayor should Immediately convene the Conncils
~ lay the matter before them
The Committee then adjourned subject to call from the