New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-01-14

out license sued for violation of the ordinances
not paying to the Treasurer That when these parties
desired to pay their license they could not do with the
Treasurer unless they settled the suit thus brought for
the penalty and in order to the collection of the
license, upon the discontinuanee of tho suit deemed
proper that the amount of the license should be paid at
the same time to the Assistant Attorney together with
costs and Attorneys commissions, and upon his certify
ing the fact and informing the Treasurer in writing the
Treasurer issued tho license and held the certificate
bor due bill of the Assistant Attorney which, at the
end Of the month"; was always promptly taken up and
the money paid by that officer In verifying these
bons the Assistant Attorney reported from his books the
list of all parties trho had paid him. with the fines
coming to the city the Of the parties and their
licenses, and when returned to the Treasurer this list
checked of by his returning the bons in his hands
- It is true that parties returned by Mr. La
bait having paid for their licenses amounting 800 or
400 dollars hereabou presented themselves to
the Treasurer to have their licenses
the idea, perhaps that the payment of the amount was
all they required to do But due to the Assist
ant Attorney to state that he only required the
of the orders he had issued before payment to the Urea
and it shown in his monthly settlements which
he made for taxes o there always balance paid
in and above his account, it is not perceived what
injury the City has suffered thereby the fact that
the information of the collection first emanang from
the Assistant Attorney satisfies that there was no de-
his part to evade their payment but only to pro-
tect him against paying them twice. It also shown
that he willing to pay the said amount if the City
would indemnify him thereafter if 1t were insisted
upon by the Treasurer that should be paid hepot
The Committee not able to learn that Mr. Labstt's
course objected to by Mr.. Garland in this respect,
and therefore feel unauthorized in charging that officer
with wrongfuy retaining those several under the
circumstances. Eg
SIN regard to the licenses, by the foregoing it is
| that licenses Issued by Mr. Iahatt Tha
licenses must bear the signatures Of the Treasurer and
Controller, and your Committee learn that there
never entrusted to Mr.. Labat than 81 licenses
place in suit which, will appear by the affidavit VIM
n Mott Clerk Of the Fifth District Court and yet file
in that Court unsettled. Your Committee therefore,
hestatngy conclude that the other subjects the dis
crepancy alleged to exist in regard to these licenses
responsibility riusty mputable Mr.. Labatthe hav-
ing power issue licene-and whenever airy license
has been issued his order has always been counted
cash by the Treasurer and in the words of that officer
promptly paid" by the Assistant Attorney every month
Your Committee also learn and feel bound to report
the fact that Mr. Labatt has been prompt in the payment
of his moneys by him reported collected that on
various occasions when the Treasurer embarrassed
much relief was afforded by him in paying over moneys
before it received from the Sheriff and other officers
without waiting for his returns be made on the first
Saturday of every month 49,. O
Your committee also find in the compromising suits
for fines that by the ordinances under which they were
instituted the rights of the city to more than ten
dollars depends upon the discretion of the Judge and
yond that SUM- they nchoate and uncertain that
in taking the minimum fine Withouta trial. the defendant
paying all costs and paying for license besides the decs
ion of Judge Kennedy in the compromised and
appealed it to be regretted that this
not adopted in all the 1t apparent that the city
would have been benefited by it and large but
now doubtful revenue BESIDES the Assistant Attorney
was authorized to compromise that basis is salts
| factoriy proven to your committeeman have not
been pointed any which the discretion has been
| improperly exercised $50
With regard to other matters and business entrusted
to the late Assistant Attorney the committee find that
the is in progress of final settlement fast the
and circumstances of the arge interests commit
ted to him are concerned and that his reports of all
suits and their situation will be furnished at the
earliest practicable preparatory the cance!ng
his bonds with the city. $s5a
.s (Sgned) " "GERARD sTITH,
"J IL. -FABRE -:
4@. ISAAC THAYER,
"E. BoUNY.
81 certify that the foregoing is true copy of the Re-
cords of Board Of Assistant Aldermen my custody
7@-A. ID. W. G. CAMPBELL,
-.A=-.. 'sergeant-at-Arms
.. @Board of Assistant Aldermen
JANUARY IL, 1856. janl4 1t