New Orleans Republican., 1868-12-17

erage depth OF feet, 10 Pat Mooney PfiH-
cipal. John Mcvittie, security, at ninety
10. A contract agreeably 70 resolution no.
l046, new series, for cleaning Caronueiet
walk Canal, from Galvez street 70 hagan
avenue IS feet at top feet At eOrGm, cSaI Sap
Thos. Mcknight security, at forty'hve dol
5. Your committee report adversely to the
adjudication of the Controller of the follow
ing contracts for cleaning the Draining
canals of the city, per resolution NO. lO4S'
viz:
/. Contract No. 4, for cleaning Csnsl
Street Canal, from Claiborne street to Hagan
avenue. to H. McGuinn, security d. CrQnan'
Sr., st $365 per acre. ca,
.. Contract No. 5. for cleaning Oanai
Street Canal, from Hagan avenue 70 9S'
Patrick street, to H. McGuinn, security ~
Cronan, Sr., at 1855 per acre. oa,,,o,
Contract No. 6, for cleaning Gaivez
Canal, from New Canal TO Carondelet Canal,
to H. McGuinn, security D. Cronan' St So'
per acre. .,.,.,.
4, Contract No. I, contract for cleaning
Broad Street Canal, from new oanM W
Garondelet Canal s9aa % D. nsr %eGGthD' acIe 'e0'
S. Contract No. g. cleaning Broad street
canal from Carondelet Canal to EsplanAde
street 10 John F. Rust, security John Nc
Vittie, at S245 per acre.
6. Contract No. 8, cleaning Broad street
canal, from EsplanaGe street to Marlgny
Canal, to John F. Rust, security Fat. Gan-
non, at $235 per acre.
7. Contract No. IL, for cleaning Mar1gny
Canal, from London avenue to Elyslsu
Fields street, to John Bietry, security b, ).
Harrison, at S49S per acre.
8. Contract No. IS, for cleaning ana aig
ging Elysian Fields Canal, from Marigny
Canal to Claiborne street, to John won,
security ]. A. F.orat, at $3.50 per acre.
9. Contract No. Is, for cleaning orleans
Canal, from Claiborne street to Bayou st.
John, to ]. F. Rust, security Thomas NC
knight, at $l95 per acre.
Said adiudications are entirely too high.
A resolution rejecting said sales is presented d
for adoption. and authorizing the Controller
to readiudicate said contracts after hVe
days notice in the official journal.
W. w. WALKER,
G. PANDELY.
concur in this report, with the excep
ton of that portion relative to the Nicolson
GERALD FARRELL,
Chairman.
Mr.. Pandely here moved to defer action
on that portion of the report referring to
the draining canals.
Mr.. Fisher moved to lay Mr.. Pandely's
motion on the table.
The yeas and nays were called for, re
sulting in the defeat of MI. Fishers mo
ton.
Yeas: Messrs. Rose, Aitkens, Walker,
Fisher, Wynne and Breen.
Nays: Messrs. Kesrny, Camp, Montgome-
ry, Grandpre, Morphy, Pandely and Farrell.
Mr.. Pandely's motion was then put and
prevailed.
Mr.. Fisher, before the vote was announced,
asked permission to change his vote, which
the Board refused to grant.
The following communications from the
City Attorney, relative to paving Race
street with Nicolson:pavement, were read:
OFFICE CITY ATTORNEY
Room No. lS City Hall
New Orleans. October p, 1865
Hon. John R. Conway. Mayor of New Orleans:
SRI have the honor to report on the
petition of the Southern Paving Company
which you have referred to me for my opin-
ion:
Prior to the enactment of the statue o
1856, known as the " city charter" and b.
the acts of 1882 and 1886, and the ordinance
made by virtue of these acts, the city pai
0ne-thiTd OF the expense OF paving the streets
and consequently the Councils we1r gen
orally vested with large discretion on thi
subject.
By the act of 1856 sections l19 and l20,
different system was adopted. The property
holders were 's:red TO pay all the cost
on the street paved, except the intersections
and the action of the Common Council i
made imperative.
The property holders are to decide as t.
tine character and quality of said pave
ment, and if majority of the propert'
holders do not oppose, the Common Counci
shall, by reso utlon or otherwise, order sait
paving or banquetting SO petitiOned for, Il
be made, etc."
1t appears TO me, therefore, that the Law
makers intended, when the city ceased tt
pay one third of the expenses, that tn
property holders should be the sole judge
of all questions connected with the pave
ments.
The city can safely leave to the partie
paying costs the power to select the kin
of pavement they like best.
lsI think the terms of section ll9, aboy
referred to, mandatory.
deem it my duty to state, that at
former period, / was the retained counst
of the Southern Paving Company, but tha
my connection with it has wholly ceased.
Very respectfully,
% HENRY J. LE0VY,
City Attorney.
uFFIoE CITY ATTORNEY,
Room No. 10 City Hall