New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-04-28


eemed best delay action in the premises, and wait
or III, decision of your honorable body,
remain, especially,
Your obedienl servant:
LOUIS II. PILE, City Surveyor.
A communication from the City Attorney, in
ormiDg the Board of decisions rendered by the
Supreme Court, in the following cases:
City of New Orleans the Wardens of the Church
If ST. Louis j.. l.. Carman VS.. the city OF Ne" VI
cans the egatees Of N. Girod vs. their honors %
Jrossman, J. L. Lewis, and the CITY paltiex Nu h
,hy vs. the City; Henry Goblet the City, was read,
md on motion, referred to the Finance COMMITTEE.
The following communication from the City
Attorney was read, and on motion, referred to
he Finance Committee: IA
OFFICE OF THE CITY ATTORNEY
New ORLEANS, April %, 1855. !
70 the President and Members of The
~ Board of Assistant Aldermen:
GENTLEMEN: At the session of your honorabie
body, on the 9Th instant, the following resolution was
adopted: l#-5..st.t
Resolred That the City Attorney be requested 10 in
,orm This Board, whether according 10 The ne" City
charer the Common Council e., ha "a any s ecefs 10
Under The charter of 1852, the election OF the c3ecu
live officers and the members of The Common Coun-
ell was held on the 4ih Monday of March, and her
term OF office commenced on the Cd day of April fol-
lowing. ali officers, whose election was not other
wise provided for, were usually elected by the Common
Council during the months of Apri and May and thelr
term OF Office dated from the day OF their election
There is no clause in the new charter which con-
linues these ocersin office beyond the term for when
they elec,ed except those officers enumerated IN
the gath section
II may be urged that because this section continues
certain class of officers in office until the first Mon
day of August the of all others expires al the
time fixed by the Act Of 1852. do not consider mat
his section contains an afrmative pregnant win
negative. though am aware it is a good rule TO con-
s,rue most strictly, all statutes granting power But
do consider that the prolongatlon OF the Term OF
an office ia The grant of new power.
If however il should be urged that the present Cou-
ell should elect all officers others than those enuner-
a,ed III the 24th section, would then ask under what
section OF the new charter the exercise OF such right
can be claimed. ,.s
There is no section clause i'll the act Of 1856.
which continues in Office the Mayor, the Recorders
The Common Couaci, beyond the I'd Monday OF Ami.
Upon what principle of law or rule OF construction
they continued in Office Under the broad principe
that all public officers held until their successors are
elected aud qualified. know of other rule of con-
sructicn which can keep alive the present municipal
government. The ule will keep in office all
those not enumerated in the oath section.
If the Of these officers has expired, SO has the
term of the Mayor and of the Aldermen, and would
be ueurpaion Of power the part of the Council
10 elect at this period, any officer.
Should the present Council claim the right 10 elect,
il is by no certain that the new Council would
not claim the right The corporation then would
have sets of officers and the consequent litigation
could not but be detrimental 10 the best interests OF the
city. -.
1t wonId also seem proper that The new Council
should have the right of selecting all its ofcers Fun
power should be given them 70 put 'nlo motion the
machinery of the new municipal government. If it
does not work well. they must bear all the response
biiily. Very respectfully
Your obedent servant,
J. LIVINGSTON,
City Attorney.
A communication from the City Attorney,
informing the Board that the Supreme Court
had rendered Judgment in favor of the city in
the suit of Drs Chastant and Weatherly vs.. The
City; also, that he had wrote to the Hon. Miles
TAYLOR, at Washington, that the Judiciary
Committee would report in favor of paying him
81 900, for professional services he might rem
der the city in the case Of the heirs of Poultney
| now before the Supreme Court of the United
| States; also informing the Board that in the
case of Euphrosine Fouvcrgne, widow of J.
Ginet, and NJ Anne and ais, VS.. Municipality
No. 2, the United States Supreme Court had
rendered Judgment in favor of the city, was, on
motion, referred to the Judiciary Committee.
Messrs Bridge, Mcknight and Tracy took
| their seats.
A communication from the Street Commits
sioner, recommending the purchase Of curb ane
gutter stones to continue the paving on Levet
street, Third District, was read.
The rules being suspended: Mr.. Chiapells
offered the following resolution, which va
read: ..".-.
Resolred. That the Street Commissioner be, and HI
is hereby, authorized 10 purchase as many curb AM
gutter stones as will serve lay the round stones OF
hand and distributed on Levee street, Third District
provided the quantity OF curb and gutter stones inciu
slye do not exceed 1900 running feet in LENGTH and d
not cost exceeding Sc perrunnng footor curb an
gutter inclusive; and provided further, the contracto
for LAYING said pavement, shall first consen in writing
10 continue the pavement far said stones will g
unon the same terms and conditions us is specified
, his contract dated 23d January. 1856
Mr.. Eager moved to refer the foregoing II
solution to the Committee on Streets and Lane
: ings. Lost.
5 time and adopted by the following vote:
! Yeas-Messrs. Tracy, Banister, Barbara
! Bartlette, BENT, Bridge, Chiapella, Ducro
> Fabre, Guyol, Hebrard, Howell, Kelly, Landr
2 Long, Mcknight, Rushu, Thayer, Violet al
q Wiltz.-20.
Q Nay-Mr. Eager--l.
On motion, the foregoing resolution was Sol
o to the Board Of Aldermen for concurrence.
=, The following message was read:
< BOARD OF ALDERMEN
April g. 1856. !
To the President and Members of The
Board OF Assistant Aldermen
g conference.-the following resolutions adopted
"a your honorable body were concurTedl III by the Boz
OF Aldermen
:, resolution requiring the Street Commits sioner
employ the chain gang 10 open the ditch on The NO
side OF Hospital street, from Preur 10 Broad street,
requiring the Surveyor to make The necessary brds
I ever the same.
} resolution authorizing the sale of the contract
attending and keeping The bridge across Canal Car
ar delet, on Claiborne street.
- A resolution granting permission 10 G. w SIN
"a and Thos McCay to construct plank road on BIC
~ street, from Dumaine 10 The New Canal.
H. A resolution authorizing the Surveyor 10 have
- wooden crossing made at the corner OF Fourth g
coliseum street.
The following resolution adopted by your honora
body was rejected:
A resolution authorizing the Street Commlsslo
lie make flag stone crossing across Camp street op
site the upper opening OF the Magazine Market
Respectfully,
CHAS. CLAIBORNE, Sec'1
The following resolution, adopted by t
Board and rejected by the Board of Alderm
was, on motion, persisted in, and Messrs Tra
Thayer and Russia were appointed commit
of conference on the subject:
Aresolulon authorizing the Street Commits stone
make 4 fag-stone crossing across Camp street opao
The uppel opening of Magazine Market
The following resolution adopted by
Board of Aldermen, was read:
A resolution granting permission to Z. e; WrigF
establish cemetery upon tract OF land lying Il
the GENTLY Road.
Mr. Wilt moved to lay the resolution on
table indefinitely
Yeas Messrs. Banister, BENT, Bridge On
pella, Fabre, Hebrard, Kelly, Landry, Ii
:, and Wiltz--lO.
h his Nays 80 Messrs. Tracy, Banister, b
he lette, Ducros, Eager, Guyol, Howell, Mcknig
re- Rusha, Thayer and Violett---11.
): On motion, the resolution was referred to
N