New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-03-05

The following petition was referred to th'
/ Finance COMMITTEES:
To ths Honsrabls the common Council Of the Cit
| q New Orleans:
The undersigned, pursuing the avocaiier
of bankers in this city, respectfully repre-
sent that the law establishing the tax on
trades and professions has fixed the tax on
the calling followed by the undersigned al
one thousand dollars for each and every
| partner in business house. by which they
are most GENEROUSLY and unjustly taxed rela
lively to other ayocations employing an
| equal or larger amount of capital.
Many of our mercantile houses employ q
larger capital with more profitable results,
in which cases the law fixes the tax at tlo0
hundred dollars for each partner, and your
| petitioners can see no good and valid reason
| why larger tax should be levied upon
them, who are engaged in kindred and sim
| liar business with which the mercantile
interests are intimately and inseparably
| connected.
| We would, moreover, call the attention
of your honorable body to the fact that
bankers are heavily taxed by the general
and state governments, besides paying daily
large incidental and indirect taxes to which
mercantile houses are not subjected.
In vindication of the propriety and justice
| Of our appeal for relief, we would respect.
| fully refer to that provision of the constitu.
ton which says " that taxation shall be
| equal and uniform"-a beneticent and Just
| provision, intended to protect all men alike
in those industrial employments which tend
to the general prosperity and public welfare,
and which we would invoke for your con.
sideration and authority for revising the
law. so as to place US on an equality with
our fellow citizens engaged in the active
| business o. the city.
Taxes which are so heavy as to operate as
restraint upon any necessary or useful
| calling of life not only diminish the public
revenue SO far as that calling is concerned,
but incidentally reduce all others which are
aided and stimulated by it,
We are persuaded this tax was fixed with.
out full knowledge and consideration OF
all the facts bearing upon the subject, and
we confidently and respectfully rely upon
the intelligence and sense of justice Of your
honorable body to revise the law and fix the
tax on private bankers at the same rate as
that levied on commercial houses.
SAM. SMITH & CO.,
PIKE, LAPEYRE a. BROTHER,
WIRELESS & PRATT.
petition of property holders in the
neighborhood of GENTLY road praying
that wooden sidewalks be laid on said road
from Esplanade to Castiglione street was
referred to the Committee on Streets and
Landings.
A petition of P. Heinsew for pecuniary
relief was referred to the Finance Com
mittee.
A petition of property holders in
that part of the city comprised
between Claiborne, Mclpomene, New Canal,
and Carrollton avenue, praying for the
opening and draining of bitches in that To-
cality, was referred to Streets and Landings.
Petition Of A. Mason for permission to
erect a steam engine on the premises No.
100 New Levee street, to operate his patent
for drying grain, peas, -four, ETC., was re,
ferred to Improvements and Buildings.
A petition of property holders residing on
Gentilly road, praying plank sidewalk be
made on said road, commencing at the in
tersection of Bayou road and GENTLY road,
and extending to Marigny canal, was refer
rcd to Streets and Landings.
OF Patrick Conoy to change his junk shop
on Clara street, between Poydras and La
fayette, into cotton pickery, was referred
to Improvements and Buildings.
of Patrick Quinn for permission to erect
a tanner shop in building corner of Philippa
and Union streets, referred TO Improvements
and Buildings.
The following communication from clerks
of the district courts was referred to the
Assistant City Attorney, with the request to
report at the next meeting:
To the Honorable the Board Of Assistant Alder
men:
GRKTLEMEN--In relation to the suits iusti.
tuted in the differeRt district courts by
the city of New Orleans VS.. delinquent
taxpayers, there seems to exist a doubt as
to our rights in regard to the costs allowed
in such cases, some 'contending that we are
allowed to charge in accordance with
amount fixed by the act of 1858, while we
contend, and are sustained in our opln-
ion by nearly all the members of
the bar, that we are entitled to charge
in accordance with the fee bill allowed
by the act Of 1855. The city suits are
instituted and proceedings had in accord
ance with the act Of 1853, which fixes no
amount to be charged, hence our reason for
claiming according TO the fee bill Of 1855;
the difference between the amount fixed
by the act of 1858 and that allowed by the
fee bill Of 1855 being only fifty cents, except
in cases wherein the Judgment is over three
hundred dollars-the difference being one
dollar. ~
It will be perceived that the duties i'm
posed upon the clerks by the act of 1853 are
much more onerous than those contained
in the act of 1858. 8
The question was once tried before the
;adse 81 the third district court, Who. after
q careful examination OF the law In an elab.
crate judgment decided thaDithe fees were
to be regulated by the fee bill of 1855, which
would result in the charge being thus: In
all suits under three hundred dollars. So rs;
in all suits over three hundred dollars,
81 IS, which amounts are barely remunerat-
i've for the work required TO be performed.
For the above reasons, we the under
signed clerks are willing 10 accept 50 10 for
all tax suits fled by the city against delin-
quent taxpayers, instead Of the amounts
regulated by the fee bill of 1855 which
reach muck higher sum.
The object in calling these facts to your
knowledge and attention is to have 8 def
mite understanding with your honorable
board as to the manner in which our bill
should be made ont against the city, and
would suggest that the matter be referred
to the Assistant City Attorney, and in the
event Of his reporting adversely to our in
teTests, that we be allowed to make out the
bill for the amount claimed by uR, accepting
from the city the amount admitted to be
balance at some future time by due process
p. r. O'R0RKE,
Clerk Second District Court.
a'a ID. @. BYERLY, ess8f.e 81
Clerk Third Blstrict Court.
RICHARD a. BOND,
Clerk Fourth District Court
+. a. WO0LFLEY.
Clerk Fifth District Court Of New Orleans.
WILLIAM WOELPER,
Clerk Sixth District Court.
The ordinance introduced by Mr.. Whit
aker at the last meeting, relative to the
issuing Of connon bonds Of the city of New