New Orleans Republican., 1868-08-22
CITY coUNcIL--oFFIcIAL,


:
a August IL, 1868.
The Board met pursuant to adjournment.
Present President Kearny, Rose, Walker,
Camp, Sturcken, Fisher, Pandely, and Far
rell. -. .-..... fsi /
The reading of the minutes was, on mo-
tion of Mr.. Farrell, dispensed with.
On motion of Mr.. Fisher the rules were
suspended to allow the introduction of the
following resolution: "A
Resolved, That the Board of Aldermen
be and are hereby invited to meet this
Board in joint session at eight o'clock this
evening, for the purpose of electing d.
rector, on the part of the city, for the New
Orleans, Opelousas and Great Western
Railroad Company, in the place Of J. II.
Nicholson, who has failed to qualify, and
who is besides nonresident OF the State.
Mr.. Farrell moved to amend the resolu-
ton SO that it would also provide for the
election Of an inspector of wood and coal.
The amendment was accepted. Pending
the argument upon the adoption Of the reso-
luton, Messrs. Wynne, Pemberton, and
Grandpre entered and took their seats.
The resolution as. s.amended was then put
upon its first reading and adopted A
second reading OF the resolution was had,
and upon call of the yeas and nays upon
its adoption, was lost by tie vote. Yeas:
Messrs, Kearny, Walker, Pemberton, Fish
er, and Farrell. Nays Messrs. Rose,
Camp, Grandpre, Pandely, and Wynne.
Mr.. Morphy here entered and took his
seat.
The following communication from the
Mayor was received
M4yoR4ITX OF New ORLEANS,
Guy Hall, August II, 1868. !
To the Honorable the Common Council;
GENTLENEN-Herewith transmitted is an
important communication from the City
Attorney.
Should you think proper to adopt his
suggestion, l would res 9ectfully recommend
that the Mayor be authorized, jointly with
the City Attorney, to select and employ an
| attorney in the cases named in the accom-
| panying communication, and others re-
| quiring immediate attention.
Very respectfully, ETC.,
. JOHN r. CONWAY, Mayor.
The reading of the City Attorneys COM
munication transmitted by bis honor the
Mayor was called for, and read as follows;
OFFICE CITY ATTORNEY,
Room No. IL City Hall, New Orleans Aug, L. 1868. !
Hon. John R. Conway, Mayor. ETC..
SIR-It has been an established practice
in very important cases involving large
amounts, for the city to employ counsel to
assist the City Attorney. Owing to the
many changes in the city government, l
find that the legal business Of the city has
accumulated to such an extent, which
renders it necessary for the interests Of the
city that this office should receive assist
| ance.
would respectfully request that you
make it known to the Common Council
that counsel should be employed in the
cases OF Arrowsmith vs. City now pending
in Sixth District Court, and Escoi at al. vs.
City, now pending in the Fourth District
| Court. They are both land suits of great
importance-the latter involving one humid
red thousand dollars, and both cases will
require much time and labor in their prep
aradon.
Very respectfully, your obedient serv-
ant, j. B. EUSTUS,
City Attorney.
| Mfr. Fisher asked and obtained a suspen-
sion Of the rules to introduce the following
resolution, which was read and defeated:
Resolved, That the City Attorney be
and he is hereby authorized to employ ad-
ditional counsel to assist him in defending
the suits of Scott vs.. City Of New Orleans,
and Arrowsmith VS.. City Of New Orleans,
provided the fees TO be paid to said addi-
tional counsel shall not exceed one thou
sand dollars.
Mr. Fisher, voting with the majority,
gave notice that he would at the next meet
ing move q reconsideration.
The following Communication from the
Mayor was read;
Clts Hall, August 10, 1865.
| To the Honorable the Common Council: -
GENTLENEN-A resolution originating in
| the Beard of Assistant Aldermen, authoriz-
ing the Controller to adjudicate the sale Of
revenues Of Claiborne Market for one
month, or to the thirty first of December
next, the city reserving the right to annul
the sale at one days notice, is herewith
returned without my approval
In December last an ordinance was
passed and promulgated, readoptiDg arti-
| cles 597 and 598 of the ordinance concern
ing markets in Leovy's Digest, with this
exception, that instead Of providing for
the adjudication of the markets separately
for one year, it provides for their sale sep
arately for the year 1868.
In my veto OF the Dryades Market reso-
luton / gave my reasons at some length
why these adjudications were made for not
less than one year, which the law expressly
provides for, together with other reasons
for my non-approval, which have pertinent
application to the measure now before me,
and to which l respectfully call your at
| tention.
AThere is an additional reason why can
not affix my signature TO this resolution. 1t
has no repeating clause. No one will
question the right Of the Common Council
to repeal with the sanction of the Mayor
the laws enacted by their authority.
The whole or part of an existing law, if
in conflict with new law, should be ex.
presslY repealed, Repeating by implica-
lion only leads to uncertainty and confu-
sion, and therefore, sooner or later, is pro-
ductiEe Of mischief and litigation.
Very respectfully, etc,
JOHN r. CONWAY,
Mayor.
The reading Of the resolution was called