New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-12-15

exception just stated, the several CLERKS Of the
Recorders Courts have deemed themselves CONF
petent to receive fees as above described, and
none other But this matter having engaged the |
attention Of the Honorable the Common Council,
who neither allow nor disallow fees Of Office, the
Clerks have, for moment, doubted the propris
ETY. Of observing merely ancient custom, and |
have examined the laws on the subject. From
these we find, First Recorders Courts are |
State Courts Of criminal jurisdiction, and on
point we refer to the various acts, from 1905
to date, Concerning these Courts, to the g nsti-
tuition Of ls45, the fundamental law Of the State
and tho City Charter itself, law Of 1852 |
Second. The Recorders Clerks are Clerks Of
these Courts, deduced from the same authori
ties. Third. Tho Recorders Clerks are entitled
TO charge fees, for tho City Charter, which ex-
pressly prohi bits the Mayor, Recorders and Po-
lice from receiving any fee, or other compensa-
ton than their salary, does not in anywise for
bid the Clerks from receiving fees; nor does it
give them any other notice than prescribing
their duties, and requiring the Common Council
to fix their salaries On the other hand, the
City Charter does not permit the Council either
TO allow or disallow fees LEAVING eristing lascs
in force. The acts of l846, section |, relative
to fees. says: g The several Clerks Of Courts
throughout this State shall identified to de.
mand and receive the following fees Of Office,
ETC." Now we, being portion OF the several
Clerks Of Courts throughout the State, deem
ourselves within the puryiew and meaning Of I
that act, the 9Th section of which prescribes the
peculiar fees, to-wit: The same fees as the Clerk
f the Criminal Court Of the First judicial Dis
trict, and provides far these fees in addition to
a salary. On this showing, then, and with
the law and ancient custom to endorse us,.we
feel we are we'll entitled to charge bond fees,s
etc. The Clerk Of the First District Court o.
this city receives $500 per annum salary, be-
sides his fees of Office, and this BY the very last
law on the subject, to-wt: acts Of 1846. What,
il this salary for Why for State business Pc
culiarly and exclusively, and for which there is
no special provision. Now, | receive $l2t 0per
annum salary. For what / refer you to the
duties Of Recorders Clerks, prescribed in the
9th section Of the City Charter and the city or
dinances. But is that all Of my duties. The
State latcs point out many others which it is
unnecessary to enumerate, and it is for duties
performed on behalf of the State for those pro-
scouting and prosecuted, and onerous duties,
to my salary. No fees have been received for
afidavits, warrants, subpnnas, etc. / have
kept no fees account. The Clerks, through me,
have addressed communications to the Hon. At
torney General Of the State, and to the District
Attorneys of this and the adjoining (Jeferson)
District, copy of which enclose. This COM
munication was predicated on statement made
to me by the Clerk of the Second District, (Mr..
Bozonier,l in your presence, that the Attorney
General had verbally expressed himself as en-
tertaining, views similar to those entertained by
us. The Attorney General, from, regret to
learn, domestic affection, has been unable to
answer our note. The District Attorney of this
District has addressed a letter to the Attorney
General, "a copy Of which have assuming the
position and citing law to show that we are
Clerks Of State Courts of criminal Jurisdiction,
and the District Attorney Of Jefferson lin which
| is comprised the Fourth District Of this city y
answers us in detail, fully sustaining our course.
! enclose copy Of his letter. This communica-
ton and these copies send you, sir, that friends
as well as opponents, social or political, may
know and appreciate our rights and privileges,
| and the palpable rectltude Of our course.
| have the honor to be,
| Very truly, your ob't serv't,
| W. w. w. WOOD,
| Clerk Recorders Court, First District
| P. S. The copies referred to will be furnished
the Board at its next sitting want Of leisure
to-day having prevented their preparation.
| OFFICE Cry ATTORNEY. No. 46 Camp st.,
| December 10, 1852.
TO Finance Committee:
/ GENTLEMEN-I beg leave to return to you the
commu nicatlon OF Mr.. W. w. W. Wood, clerk o
| the Recorder Of the First District, addressing
the Council in his own behalf as well as in be.
half OF the lerks Of the Recorders of the other
Districts, transmitted to me by your Secretar,
on the 7th inst. ef
Il In my opinion the position taken by Mr.. Woot
is entirely untenable. One of the prominen
objects OF the present charter of the city, is t.
repress all irregular charges of the officers o
the city, and to pay its officers by salaries ant
not by perqnisites.
Il The twenty third section of the charter i.
1 al aot, p1n1 init tie 1oy, 10
permit the compensation of any salaried officer
to be increased by allowing him any fees for the
peri rmance Of any duty imposed on him by
this law or by said Common Council"
By the thirty third section clerks Of the Re
corders are salaried officers, and the salary il
fixed by the Common Council.
remain, very respectfully, your ob't serV't
i THos. Il. WOLFE, City Attorney.
/ Mr.. Stetson, on behalf OF the Police Committee
presented the following report, which was reae
twice, the rules being suspended
Il The Police Committee, to whom was referred
the resolution of the Board of Aldermen, re
flu ing license to Dan Rice for circus in st
Charles street, opposite Perdido streets peti
ton Of said Rice to be allowed to remain fol
four months, and for the issue of a license t,
that effect; and the petition of citizens for ane
against the same, beg to report, that they hav
carefully examined the subject, and have beel
led to the following conclusions, viz: That
inasmuch as the majority Of residents and oe
cupants in the vicinity are in favor of its con
tinuance, and represent that they and thei
businesss benefited by said circus being locatet
where it is, their interests should be first con
suited, they being the parties most directly in
terested. Mr.. kice only asks that he be al
lowed to continue where he is TOR four months
and taking the above view of the subject, tn
II committee feel hound To renort in favor Of Til