The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-02-07

Messs Brother and Eer ard enclosed the protest made by
A. G. Blanchard in regard to the election of Surveyor
A committee consisting of Messrs. Marks, Yancey and
Beard. appointed to examine the qualifications of the
members elect They reported favoaby and the report
adopted.
After discussion the Council decided to take no action
| in regard to the protest of Mr. Blanchard.
Messrs. Mccormick and johnson came in at this time,
making thirteen members in all.
The following is the report of the Treasurer
Balance on hand at last report ............s2 376 "a
Received since 5S, 9U7 Al
n;.sn..os Total s6l, 2s3 !5
Balance on hand Feb 4 A. 7e5 s.
Hugh Grant offered Jamison Mcintosh and Patrick Irwin
as his securities Mr. Renhaw moved lay the matter over
Mr. Yancey wanted to refer, but the matter was finally
laid over
Maria Griffin anf---co complained of being Illegally
arrested by two watchmen for whose discharge they pa yed
Referred to the Police Committee
William N Goodrich declined the appointment as Com
missioner of the House of Refugee which was conferred upon
him some time since
communication received from the butchers of St
Marys Market, complaining that he from the market are
nightly committed that tbs thieves make regular whole.
sale business of IT, and they pray that the game may be
blocked. Referred to the Police Committee.
petition for lamp at the corner of Melpomene and
Camp streets referred to the Committee on Streets and
Landings
There was no report from the Finance Committee
Mr.. Renslaw, from the Committee on Streets and Land
ng reported several resolutions authorizing the Surveyor to
enter into certain which had been adudicated BY
the Mayor. They adopted.
The same gentleman offered preamble and resolution to
the effect that William Smith had failed to comply with his
contract for cleaning and repairing the of the Third
District, and that the same be resold Adopted.
There We're no reports from any other committees.
The President informed the Council that he received on
Wednesday, note from the Adiuan of the LIST United
States Artillery, stating that the wish of COL Crane
that the brass band belonging the men should PLAY an
hour or two each day in Lafayette Square His honor stated
that he wa busy at the time the note office and
that he recte the clerk say to the messenger that b
would refer the matter the Council and had no that
permission would be granted.
He would state that the official journal of the Muneipalv
had macousy and wuly asserted that the Recorder had
the right 10 grant the permission He not aware that he
had such power and he know whether he had
or not He wished the Council the question in order
that Journalists might be led make such
Inc President then read the article referred to- He thought
that as presiding officer of the Council he had the right IN
claim protection from official Journal TWAS prvileea
which he had the right to ask but would by no means ask
II he was private individual He considered the last para
graph OF the article grossly insulting and contemplate and
he wished to explain its fay. The President continued at
some length in his explanations and denounced the whole
article as false. sandesous and contemplate
On motion, the permission asked was then granted
The order OF the day. which was the ordinance ra inn IN
the Public Schools, then came up.
Mr. Shields wished make some remarks befoa the o,i
nance was read Considerable excitement had created
and the Legality of the proceedings contemplated had been
granted Judge
remained in force He did consider that he was ac,in
Illegally and he would dsclaim any of insulting
the dignity OF the Court from whence the Injunction issued
Mr. b then read the opinion of the Municipality Attorney
which was to the effect that the ordinance which was 10
come up did not in conflict with the Judgment of
The Court. AT the conclu sion Of his remarks
Mr. Marks moved that the ordinance be taken up section by
section,
'elf He could not recognize the opinion of the Attorney
coming in the did. He had received officially
md bad not through any committee by any reso
ution AS President of the Council he could upon it
he had sworn to maintain the law. The Legislature had
reated Fifth District Court and that Court superior
the Council That Court had enioned the Council not
certain things and could pass attempt to pass any
rdnance conflicting with this Injunction without committing
contempt of Court He represented the Municipality and
ne had to maintain the laws, he would put
imsef in position to be imprisoned. He could put
rdnance 10 vote.
Mr. Shields remarked that the ordinance about to come
p the under the consideration of the Court Ii
vas and did not conflict any manner with The
Injunction With all due Difference 10 the President, he
would that he did not look upon him the expounder OF
he law and he would respectfully ask by what right he set
himself up as the ] udge in the case.
The President said he W ould tell him directly
Mr. Beard said there points in the Judgment
rendered by the Court which he could explain and which in
MS opinion would remove scrupes which the President
might have He thought it perfectly clear that the or
finance did not conflict with the Injunction He could mt
lee any thing to Justify doubt Independent of this there
was higher law" the law of public opinion. The Public
schools had been neglected. and time for action
There was crying evil and for the good of the schools
prompt action was demanded at their hands, Mr. Beard
continued at some length, when
Mr. Yancey to reply. He wanted to say few words
n answer to the gentleman who had first spoken He re-
pected the opinion of the Municipality Attorney as mueb
man, but he did feel bound to s governed nv
IS he thought had been minated by the gentleman from the
h wan He did not believe in doing illegal act because
he Attorney said they might do it.
Mr.. Shields said the gentleman had misunderstood hin,
He did not think there would be any violation of law mr. con-
empt of court in passing the ordinance.
Mr. fancey resnmed and cited the case of the Wharfage
ordinance passed by the First Municipality Council where
they had clearly erred. although backed by the opinion
Mr. Shields said he believed the presiding officer in ,h,
case did not refuse TO put the question:
Mr. Yancey said that was entirely foreign to the subject
and
remarks.
Mr. Beard remarked that there was no conflict between
he onnion of the Attorney and the decision of the Judge
Mr. fancey wanted to say something to Mr. Beard n re
gard TO his higher law There was ton mncb Saw,rJ
doctrine in that.
Mr. Beard to that he had been misunderstood most
decidedly lie thought the genemans ideas on The subject
were RAJ her confused.
Mr. Marks then called for the opinion of the Attornav
which was handed him, and he commenced an elooncnt
peech OF consider be length which, despite the cal of the
Ser Arms, elected considerable applause lie com
nented at length on the opinion and then reviewed the c
ehuefsu ny 9uuge buchalan tie proved by this
eclsion that the Council could legally pass the ordinance
Under consideration The decision was that the Board of
school Directors was legally constituted under the eristu
eGsaton OF the Municipality, and could not be removed
Until their term of Office had expired. 1t was proposed IN
more that existing legislaton when the Council would be
10 act That eTStiag legislation was all that s,ood in
he way When The ordinance cteagg the School Boarj
vas repealed all obstacles removed and no Judge in ,b
State had control the of the Council Ther
oud then ba contempt of That hne and cry bont
yOtu tn frglt, 1
# the Council from positions which they had assumed n
ad been proclaimed from the of the streets and npb
shed in by places All this too had been done by ono r;
dual VINO at the bottom of the original difficulty and
rho. OF himself the very incarnation of mischief Had
lived in the days of Milton, he would have been taken n,
spresen the chief OF the fallen angels He had ha.rbed mn
,me difficulty wherever he had beens and it had been |
PURGE OF great regret that he had ben sdmte into the
chool Board of the Second Municipality In the First Mn
cipaly he had brought about much contention and
ngry feelings that he either resigned turned out He
ent 10 Lafayette, and nearly the results followed his
mission in the School Board there He had led ponj
connected with the Second Municipality School Board
tray, and it through his advice and counsel hat The
heuiy originated. Had the School Board reflected and
peaed the resolution granting the Lrceum Hall for fairs
would have gone along smoothly Here the origin of
the trouble. Mr. Marks went back and reviewed The
hole ground, 10 the time the Council passed resolution
vote of 10 TO 3, insucng the Board ecind their
solution, and which, Mr.. NJ said, would have been
Used by vote of 10 If the word request had been sub
tuted Tor instruet.
If the Board had done what il should have done at thu,
ne, all would have been WE'LL but the Individual of whom
was speaking, in the matter the germ of much mis-