New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-03-18

Mr.. Claiborne, on behalf of the special COM
pitttee to whom was referred the Mayors mes
sage relative to the Place d'Armes, offered the
following report, which was adopted:
The committee to whom was referred the
message of the Mayor, in which he states his
objections to the resolution Of the Common Coun-
Gil, rendering the use Of the Place dArmes, for
merly Congo Square, to the State, for the spe-
cial purpose Of erecting the State House thereon,
beg leave to submit. the following report:
Your committee find no good grounds to doubt
the power of the Common Council to dispose of
the above named Square for q public purpose,
SO advantageous as the restoration Of the seat of
Government to the City Of New Orleans--ths
Square having formerly been occupied in part
by the Notifications of the city, and having
formed a portion ofthe ancient public commons,
the right and title to which was vested in the
city of NewOrleans by the United States after
the acquisition of Louisiana.
Your committee, after due inquiry, have found
that no private claim whatever can intervene
with the right of the city to dispose Of it for any
proper public purpose. This view Of the case is
strengthened by the consideration that the sur
rounding proprietors, so far from Directing, are
unanimously favorable to the disposition pro-
posed to be made of said Square, and that the
space within it is so large, that q State House
could be erected in the centre, without interfer-
ing in any manner with the surrounding trees
and promenades
Your committee agree with the Hon. Mayor
in the value and advantages which he attaches
to public squares, as agreeable and healthful
resorts for the people, but in this case even if
the Square were to be entirely taken up, it
would be more than replaced by the wide streets
and promenades lately opened, and the large
public park provided for in this part of the city
The fears expressed by the Mayor as to the
expenditures Of money which might result, your
committee believe to be groundless, as no expen-
ditures are proposed on the part of the city; and
although the Legislature may be disinclined, at
present, in view Of the financial position Of the
State, to incur the expenditure involved in the
removal of the seat of Government; your COM
mttee have reason to believe that q measure so
important to the interests of the city, and as
they humbly deem to the general veal of the
State itself, will be sooner or later adopted
either through the direct action Of the Legisla-
ture, or through popular vote taken through
out the State. AS an inducement to this desir-
able end, it is desirable to hold at the DISPOSE
ton of the State, site so eligible in all respects
for the erection Of State House, as that which
has been proposed, and your committee, there
fore, with due Difference to the worthy motives
which have influenced the Mayor, respectfully
recommend that the Common Council persist in
the resolution which he has returned to us with
out his sanction W. c. G. CLAIBORNE,
SAML. JONES, JR.,
j. j. LUGENBuHL.
Mr.. Claiborne moved to persist in the adoption
Of the resolution donating square of ground,
formerly called Congo Square, and now known
as the Place d'Armes, to the State of Louisiana,
on condition that the Strte-house, or Capitol, be
built thereon.
The motion was carried by the following vote :
Yeas-Messrs. Clark, Converse, Giauel, Lab
atut, Jones, Burke, Wood and Claiborne--S.
On motion of Mr.. Converse, the following let
tiers were ordered to be spread on the minutes
OFFICE CITY ATTORNEY,
No. 46 Camp street.
| Hon. II. d. Crossnan,
Mayor City Of .Nep Orleans:
DEAR SIR-The case of Robert Murphy u.s.
Municipality No. One was tried in the Second
District Court on the 9th inst, and on the 18th
inst. Judgment was rendered against the city
for the sum of $199S. l consider the Judgment
a correct one, and therefore do not advise an ap-
peal from it, yet feel it my duty to call your
attention to the facts of the case. N
1t is suit by the Lessee Of the Ferry of Mu-
nicipalityNo. One to recover the cost of rebuild
ing and repairing the Ferry Wharf, which he
alleges he was obliged to do, after notifying
your Honor and the Surveyor, Mr.. L. H. Pili9
Of the necessity of it. The evidence shows that
the Municipality No. One was in the habit
| of rebuilding and repairing the Ferry Whar
from the year 1874, until Mr.. Pile became til,
| Surveyor of said Municipality in 1913. That il
| the contract between Municipality No. One and
Davis, Graham & McLanathan, the latter bouno
themselves to keep in repair all the Wharves in
the Second and Third Districts, including the
| Ferry Landing. BY their contract it appears
| that they are bound to make their repairs sc un-
| der the direction of the Surveyor The evil
| dence shows that Mr.. Murphy not only applied
| to the Surveyor, but that he applied also to the
Contractors, and that the Contractors applied
| to Mr.. Pile, for instructions, and that Mr.
Pile told them they were not bound to rebuild
or repair the Ferry Wharf In my opinion it wa.
the manifest duty of the Municipality No. One, al
Lessor, to repair and rebuild the Wharf wher
| necessary In its contract with Davis, Graham
& McLanathan the Municipality expressly un.
dertook to repair the Ferry Landing. Under
these circumstances it could not be expected
that the city would escape judgment against
her.
| make this communication chiefly to inform
your Honor, and the Council, of the reasons why
| decline taking an appeal in this case, and to
| say that l cannot be responsible for the man
agement OF suits in courts of justice where other
officers of the city undertake to interpret and
give legal effect to ordinances and contracts en-.
tered into by the corporation.
remain very respectfully, your ob't serv't,
(Signed,) THos. r. WOLFE,
- City Attorney,
| OFFICE CRY ATTORNEY, No. 46 CAMP ST.,
| January 81, 1858
Hon. H. ID. CroSSnian, Mayor:
| DEAR SR-The suit of r. Gardere, u.s. the
City of NewOrleans, has been tried in the Third
District Court of this city, and has resulted in
a judgment against the city for s.. From
this judgment have taken no appeal, as il is
correct beyond any question.
| The circumstances of this case make it my
duty to call your particular attention to it,
On the 10th February, 1852, David Moores
contracted with the Municipality No. to con-
struct wooden sidewalks on the North side Of
Canal street, from Prieur to Broad streets, and
various other streets in the said Municipality
This work was to be paid for, one-third by the
Municipality, and two-thirds by the proprietors
fronting on the streets paved. By the terms Of
this contract it was the duty of the Surveyor,
within thirty days from the date of the recep-
ton of this work by him, to make roll Of
assessment of the cost of said work, stating
LIST. Tho number of foot in front of each proper.
ty. I'd. The amount of cost to be paid by each
proprietor 3d. The names of the proprietors
4th. The location and description of the proper.
ty. 9th. The portion Of the cost to be paid by
the Municipality, which roll Of assessment il
was the duty of the Surveyor, on the las a the
aforesaid thirty days, to hand over to the Comp
troller, whose duty it was to register the said
IF, .ofA ID l. 90