New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-07-07

eiOu VI tuc SltJ ludTteT gave int
fifteen days from the first Me- ~ oa a.:
of each year to pay their taxe,:.' ."e -hs
sistant Attorney, on bringis So 'o4.9'.p"
of per cent. on all SUI p
prescribed delay. P ,S.o ~, u ~, 's'''uie
of the 18th of Ar 1000 'he 'o'h SECTION Oh
,ho C;,r Chau.T was amended, so as to require
the no rn,s, Of the corporation tax to be made
ornr., on or before the LIST of July, after
Viii, time the Treasurer is required to hand
,sr the accounts to the Assistant Attorney, to
be by him advertised and collected (adding his
commission) as before provided.
The only difference between the original Sec
ton and the amendment is that the amendment
gives the City Attorney commission of per
cent from the LIST of July upon collections instead
of after the expiration of fifteen days from the
first Monday in the same month. The amend
ment, moreover, is rather oppressive, it
limits the time of payment to, and gives the
Assistant Attorney right to charge his commits
sion from, an earlier date. 1t is not optional
with the Treasurer or with the Council as to
when the accounts are to be handed to the As
sistant Attorney. Unjust be done on the first
Of July.
In the face of this very plain legislative en-
actment the Board of Assistant Aldermen, at
their sitting on the Both of June, passed reso-
ton requiring the Mayor to publish from the
LIST to the 10tA of July in several named
papers, 1--WE use the language Of the resolution,
the Both section of the City Charter and the
acts of the last General Assembly amendatory
to the same, by virtue of which provisions,
further delay of fifteen days from the first Mon
day in July is allowed them for the payment of
their taxes" etc. By this resolution the As
sistant Board CONSTITUTES the amendment to the
Charter as extending the time of payment to
fifteen days after the first Monday in July, when
in fact it limits it to the first day of July Such
construction evidences stupidity too pro-
found to excite any emotion but that Of pity
After the passage of this resolution by the
Assistant Board the Treasurer, considering the
act of the Legislature binding upon him, in op-
position to the contradictory resolution of
that Board, handed over the tax list to the
Assistant Attorney as required on the first
OF July. The Attorney, in pursuance Of his
duties, notified the defaulting taxpayers, by
public advertisement, to pay the amounts for
which they were assessed at his office, with the
addition of his fire per cent. commissions This
was IN order to save the expense of bringing
suit His right to do this is unquestionble
The members of the Board knowing nothing
about the law, and in their ignorance deeming
themselves infallible, passed resolution at their
last meeting-on the 9TH misunderstanding
the conduct of the Assistant Attorney as unius.
and unwarranted By law, and enioining that
officer to g obey and submit himself to the re-
quisites of the resolution adopted by the Board
of Assistant Aldermen at its sitting of the 3Oth
of June" This last resolution is as inane and as
meaningless as the first 1t enjons the Assistant
Attorney to obey and submit himself to the
requisites of the resolution Of the 30th of June
What were the requisites of this resolution
1t required the Mayor to publish, during ten
days, the thirty-ffth section of the City Charter
and the acts amendatory of the same" The
Assistant Attorney is not mentioned in the res
olution, and how can he be enioinedn to sub
NIT to the requisites of a resolution - in which
his Office is not named and which does not allude
IN the remotest manner TO him The Assistant
Board may as we'll pass resolution requiring
the Assistant Attorney to " submit himself" to
the requisites Of resolution for cleansing the
streets
The Assistant Board has mistaken the mean
ing Of the act Of the Legislature amending the
Both section of the City Charter The amend.
ment does not e1tend the time for the payment
OF taxes, but limits it to the LIST of July, after
which date the Assistant Attorney has a right
to charge commission of five per cent. on all
amounts remaining unpaid
tits not in the power of the City Council to
vary or control an act of the State Legislature
neither can they, by assuming judicial powers,
warp its meaning or eonstrue it at their will
The law of the State requiring the Treasurer.
on the LIST day of July of every year. to hand
over to the Assistant Attorney q list of the De.
faulting tax payers, by him to be put in
SUIT, IS a fixed fact upon the statute book,
and nothing but repeal can change it. The
Assistant Attorney has proceeded in obedience
to the law, as he understands it. He IS
professional lawyer, young man of aeknow
lodged talent, and ought to understand hi,
business. The City Council has endorsed his
capacity by electing him their legal agent, and
they should be the last to gainsay his opinion.
Their resolution eensuring their own officer ami
requiring the Treasurer to withhold the tax
list, in disobedience to the plain requirements Of
Legislative act, is a movement of the greatest
folly, and does great injustice to a worthy and
talented young man
The Board of Assistant Aldermen may be
very expert in the novel warfare of throwing
inkstands at each others heads, Gas they have
lately prOved,) but the construction of legal
points, We cpine, should be left to wiser brains
Inc Board Of Assistant Aldermen, at its sit
ing last evening, passed a resolution instructing
the CITY treasurer to withhold from the North
efn kallroad Company all moneys collected as