New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-03-10
. REPORT
Of the assistant City attorney and the accompany
ing Documents

ASST CITY ATTORNEYS OFFICE
March list 1856.
TO The Hon. Common Council of New Orleans:
Observation-Disclosures No. las, regulating the
offices Of Guy Attorney and Assistant City Attorney,
makes it the duty of The latter, annually in the month
of February, lay before you statement of the
dltion of the accounts placed in his hands. literal
compliance with the ordnance would be most oner-
Gus aud laborious task, itwoud involve almost an
entire transcript of the books of the Office. Il shall.
therefore, contents myself with setting forth general
Outline of The condition Of the office under my charge
having reference the hooks of the Office de-
| tailed statement Of its condition. Immediately upon
entering The office of Assstnn. City Attorney, i'll May
last, had register tnade at the City Treasury o
all lax bills handed over 10 Inc by he Treasurer fo
COLLECTION, showing The number of each bill, The
amount Of each particular tax, together with the 1oa
amount of The claim against each Individual.
also procured suit docket, setting forth The nun
Der OF each bill, the name OF each person agalns
| whom suits brought, the court in which il filed
the dale when fled the amount claimed, the date o
Judgment The amount OF Judgment the date of record
Ing of judgment i'll the mortgage office, and the dale
| when paid.
also procured book Of returns, corresponding in
| form 10 The returns made 10 the Treasurer. When
| ever have had sum OF money oil sutlclentImpor-
| lance hand 10 warrant my making return thereof
| TO the Treasurer, have done SO without waiting for
the period fixed by the ordinance for doing M re-
turns TO that officer instead OF being made monthly,
| hav., in many instances, been made Weekly-n all
instances keeping duplicate of the same in the ohce;
| taking the CumptrnIers warrant and Treasu =
receipt for The the same, and attaching ii TO
the copy retained; that it is impossible in The opin
ion of the Undersigned that any discrepancy can ever
arise betwe The undersigned and those officers as TO
the amount the nature OF the accounts returned The
date the payment each account being also noted
The reg lister and suit docket
have, since entering upon the discharge of the du-
ties Of The office, collected and paid over 10 The llen-
surer, shown by returns 10 that officer, general
SYNOPSIS of which is with transmitted, the follow
ing sums, lo-wit: W.
A, Statement of 1852, .,........S lb,729 VI
| d, s" 1858, ............... $4,000 a5
c, " 1885,, ..........r..... 1880 DC
Total, ,....................... S12e65s 20
Balance ibis day on hand, -. Sc 100 70
The books herein before mentioned, being the prop
erty the city, belonging The Office, at all times
open to the inspection of the members OF the Counc'
and accounting officers of the city.
The bills for taxes were placed in sui, immediael!
upon being received and judgments have been obtain
ed on the whole of Them, with but few exceptions
the accounts for licenses were also sued upon as soo
| as received.
In controlling the mulifarious business of The office
| I have been met with the most hearty cooperation OF
the par, of Mr. M Margny late Sheriff OF this parish
also by his SUCCESSOR MI Hufty, we'll as by h'
clerks of the several district courtsn which suits haV
been bT ought.
/ should b. happy to be able 10 say as much in re
gard to the officers of the inferior Justices courts
In them, particularly on the part of the constab!es ate
gone of office, have experienced an apaihy i'll re
gard to the collection of the executions placed in lhe
hands, amounting such neglect of their duty as o
ten make me regret the necessity of being oompee
TO bring suits i'll the Justices courts.
Several of the late constabies have failed 10 pa
over considerable sums of money collected by them o
account OF the city, the exact amount OF which hav
as yet beeu unable to ascertain.
I make this suggestion in order 10 be instructed
the Council as 10 what course TO pursue i'll regard
them
On entering upon the discharge of my duties foun
large number of suits, instituted by my predeeesso
for amounts due for licenses principally against person
keeping coffee houses, pending, which had then nc
been tried not having yet been reached ~ their 1ufi
the defendants contesiing the unconsiitutionaly an
legality of the ordinance under when tey were sue
The frat of these was tried IN June last before
Jury and verdict hdered in favor OF the city, Whc
10 Supreme where
was tried i'll December last, and verdict rendered
favor of the city settling The eons'i'utlonaIity an
ber of1hul class of have been tried both b
jury and before the courts and judgment rendered =,
tayor of the city i'll every case Where The necessaf
proof has been furnished.
The other Licenses trades and PROFESSIONS dlu III
come into my hands until September last
Suits brought for the recovery OF The amour
due The clty on hem Immediately their being place
in my hands, and judgments have been obtained on lhe
as fast as the operations OF the courts would PERM
but small amount has thus far been real zed from ihi
source, the delays consequent 10 bringing suils, Of
, tanning Judgments issuing executions, has enable
parties in many instances 10 transfer their stock
trade, or discontinue business that when the SheF
comes enforce payment nothing can be found, thl
leaving the city to pay bill of costs and the Aitore
= his labor for nothing. 49,.
I would earnestly recommend this matter TO the ser
GUS consideration of the Council, that the LeSis
lure now in session may be applied TO 10 supply II
proper corrective; which, in tho opinion of The unde
= signed, can only be done by proper system OF nus
. and penalties; in order to carry out which, Inc 10
should be that parties doing any business Su
ject the payment of license tax, without haVif
y Da id for and procured the same, should be subjected
arrest to held TO answer the charge brought again
them and the payment of such fine as might be adudg
against them, and lmprl sonment Tor limited line
II case the fms be not paid Such humbIy conceive
he The spirit If not The letter. of the law at this TIM
but the Recorders and other portions of the ludela
do not so interpret ii, further legislation on Il
subjec, seems necessary, in justice TO those who p
: their licenses without murmuring and who are en-
tied to be protected their leg timae business agal
| fbnsa yhn pOalI
priving them of the legitimate profits OF business:
burthens of which they who pay their licenses a
: made 10 bear alone. The Undersigned further VenIur
the remark that II all persons oohs BUSINESS SUBJECT