The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-07-03

ject came up for discussion.
OF Richard Geo. Norman, to be reinsiated on the
Night Walch, was read and laid on the table.
The Recorder reported that number Of the pub
lie lamps were badly lighted, ETC., and the matter
was referred to the Police Committee. 8,
srANDINe COMMITTEES. ss
Mr.. Yancey, from the Finance Committee, pre-
sented the following report and resolutions. and
they were adopted, after saspendng the rules
The Finance Committse have duly considered
that portion Of g. Kitzes petition referred to them
claiming payment from this Municipality for prop.
erty destroyed in his coffee-house, on The corner
Of Nayades and Polymna stsssis, on the nia ht,
fthe 9th June, 1851, by rioters. Your Committee
are of opinion that this loss Of property, under the
circumstances, does not constitute claim for
indemnity against the corporation. The rule Of
law which has governed other cities, and in one
instance in this, is that where notice has been
given to the authorities, by citizen, that he has
good reason to believe that riot mob will take
place. by which his property will be destroyed, and
the corporation fails to protect him. his claim for
loss is "a good one, but not otherwise the claim
made in this caseis wanting Of this essehtlM ele
ment to put the corporation in default, and the
parties, alone, who committed the outrage, are lia
Bile for the damage.
Your Committee, therefore, report adversely to
the claim Of the petitioner and ask to be dis
charged. S.
A.BRorHsR.
Resolved, That the Treasurer pay the following
sums, on the warrant Of the Mayor, viz:
To sundry persons, employed as PAYERS, in May,
1851, three hundred and thirty-eight dollars and
eighteen cents.
To sundry persons. employed as carpenters and
laborers, in May, 1851, two hundred dollars and
seventeen cents.
To sundry persons, employed as laborers, in
May, 1851, one thousand one hundred and ninety
~ dollara and foytv nj
To sundry persons, employed in Surveyors De-
partment, in May, 1851, four hundred and forty
nine dollars and fifty-fve cents.
To David Moores, for boxing trees and repairing
railing around Melpomene Canal, eighty-6ve dol
lars and fifty cents.
To j. Cosgrove, for hose, screws, etc., twenty
two dollars and twenty five cents.
To Henry McGuinn, for sand shells, lime, etc.,
two hundred and nine-five dollars and eighty-one
cents.
To J. A. Bsquis. for one anchor, ten dollars and
To Michael Fitzpatrick, for hauling iron bridge
top, seven dollars and fifty cents.
To Robert Monteith, for desk and chair for Sur
veyor's Office, thirty -four dollars.
To Edward Dunn, for cleaning upper district, in
March, five dollars and thirty-eight cents.
To M. Coyle, for work done at Draining Ma
chine seven dollars and forty cents
To C. Funk, for sundries furnished Municipal
Officers, six dollars and sixty cents.
10 AccuS " SO., IOI SunQrleS IOr DIdnlnR WA
chine, one hundred and ifty-one dollars and
eighteen cents
To Abraham D. Young, for making plan Of
intended improvements on Canal street. twenty
five dollars.
To F. Leearman, for services as staf-bearer to
Surveyor, fifteen dollars.
To Peter Nuss, for making three ladders seven
| dollars and fifty cents.
To Marchleangt, for two hundred pickets eleven
l dollars and three cents.
| To Edward Rigney, for labor in April, on Cro-
/ mans contract, five dollars.
To Robert Hamilton, for two hundred feet
| cypress lumber, seven dollars.
| To John Paul, for repairing and boxing up trees
| on Camp and Coliseum Streets thirty dollars
| and fifty cents.
To Thomas Lndon, for nails for Dryades Depot.
| three dollars.
To Doctor Dalton, for medical attendance to an
| orphan, by order of the Recorder, twenty.three
dollars.
| To P. O'Brien, for conveying sick to Charity
| Hospital. fifty eight dollars and fifty cents.
| To J. H. Maddox, for subscription to the Cres-
| cent, and extra work furnished, one hundred and
| seventy eight dollars and ninety five cents.
To John L. Lewis, for Sheriffs fees, in sundry
suits, and Constable's election expenses, two hun
dred and seventy.one dollars and fifty six sents.
To John H. Burroughs, for taxes and expenses
on sale of lot, corner Pacaner and St. John Bap-
tist streets, fifteen dollars and thrty-sx cents.
| To VIM. IL. Garland, for postage and sundry
petty expenses paid by him, thirty eight dollars
| and forty-nine cents.
To VIM. Hopkins. for making new keys, etc.,
| five dollars and fifty cents
To Henderson Il Gaines, for gas chimneys fol
| lamps forty two dollars.
To Paul Pecquet, for costs in sundry suits in
| third justices Court, fOrty-eighi dollars.
To VIM. H. Garland, for Clerks and Sheriff ,,
fees, in sundrv suits ps. this Municipality, paid by
| him. seventy-six dollars and twenty cents
L To M q md for ClarL,s nd Gbor;H,s
fees, in sundry suits instituted about plank roads
thirty-eight dollars and seventy. five cents.
To Richard Turner, for making new sinks, and
filing up old ones at Widows Row, by order o
Police Committee, forty-seven dollars.
Resolved, That the Finance Committee be, ant
they are hereby, authorized to borrow, on tn,
notes Of this Municipality, an amount not exceed
ing ffy thousand dollars; the notes SO issued I,
be made payable in January and February next
and that the Comptroller and Treasurer be, an,
they are hereby, authorized to issue the notes ne
cessary for SAID loan.
Resolved, That 10 insure the punctual paymen
at maturity of The notes so issued the CompIrolle
and Treasurer he, and they are hereby, authorize
to pledge sufficient amount of the market noe
and the revenue derived from the wharves an
levees for 1851, as will secure the notes issue
under the foregoing resolution.
Mr.. Yancey, as chairman, also presented the fol
Attorney of the Municipality, and it was unani
mously adopted, the rules being suspended:
Whereas, it appears from the opinion Of the Al
torney Of this Municipality, that the late ordinanc
rassed bv the General Council, at it's sitting of tn
H. of June last, changing the rate Of wharfag
and the manner Of collecting the same, is iega
and therefore null and void, according TO his con
struction of the law defining the powers of th
General Council
Be it therefore resolved, That the officers of th
Municipality be, and are hereby, instructed TO di,
regard the said ordinance, and to proceed wit
their duties as il it had no. been passed.
ResolUed, That the concurrence of the Counc
of the First Municipality is respectfully solicite
in the foreg going resolution.
| .Naricipaiity No. IoU:
SIR-l have examined with care the resolutio
; of the General Council, adopted on the 18th JUNE
1851, altering the wharfage dues fixed by a pre-
, vious ordinance of the Council.
am of opinion that The tax proposed TO be leviet
l not having been levied by two-ihirds of the who
number of the Council elected, violates the 81
r section of the act Of March IA, 1920, concernir
/. the city of NewOrleans The ordinance of l2t
June, 1851 is therefore illegal, null and void an
= taxes for wharfage, or wharfage dues, must col
tinue to be collected under the ordinances existir
sl-s H.