New Orleans Republican., 1868-10-17

titled to the pay of the Office for the whole
year. This is an elementary principle OF
our law and may be found frequently enun-
ciated in the decisions of our Supreme
Court. See Civil Code, art. 2720, II La, p.
81, R.. p. 81, IL R., 220, and in the case
reported in 18th Annual, p. 697, where 1t Is
said that this principle Of our law is ap-
plicable to all offices. II the action OF the
Council in selecting the Crescent to do the
printing for one year be regarded as con-
tract and not an appointment to ONCE, tne
city is equally bound for one year, ana
responsible, if the contract be annulled for
at least the loss of the profits incurred by
the proprietor of the Crescent. See 10th
Annual, d. 49,
The proprietors of the REPUBLIoAN also
claim the printing OF the city advertise
ments.
This claim is based upon the act of the
| Legislature, approved July %, 1865, which
provides that the Governor, Lieutenant
Governor and Speaker of the House OF Rep
resentatives shall contract with some party
| for all necessary printing. Section ten Of
| that act reads as follows:
| "Be it further enacted, That all printing
| for the State, or for any department of the
| State government, or for the Supreme Court
or for the corporation of New Orleans, shall
be performed by the State Printer, who
| shall execute the same according to the
specifications, and at prices set down IN the
following items,n etc.
In section eleven it is said that the State
printer shall publish in his official journal
all judicial advertisements required by to be
published in the parish OF Orleans, etc, and
ALSO all municipal advertisements, ofevery
description whatsoever, of the corporation
of the city of New Orleans, whether the
| same may be authorized by law OF the
State, an ordinance of the Common Council
| or by any officer or department of the city
| And Snph nIIhicAtl0n or
advertisement, whether parochial or muni-
| cipal, shall be utterly null and void, unless
so published in the official journal Pro-
Uided, that the advertisement of the city OF
New Orleans may be published in one or
more additional papers, whenever IN the
opinion of the Common Council the public
interest may demand such additional publi-
cation. And the sheriff of the parish of Or
leans is hereby authorized to insert notices
| OF elections in one or more papers III addl-
tion to the official Journal
| am asked if the Common Council is
compelled to obey this law, or, in other
| words, whether or not 1t is constitutional.
| look in vain in the Constitution of 1865
for any restriction or prohibition on the
subject. Had this Constitution contained
the clause to be found in those of 1912, 1915,
1852 and 1864, there could be no difficulty;
for the power to appoint city officers and to
administer the business OF the city was
given by those instruments to the citizens
Of New Orleans, and the Legislature could
not divest them of the right. Under the
Constitution of 1865, however, the city is
bound in this respect by the legislation of
the General Assembly. The Legislature
possesses the power even to direct that the
city advertisements be printed in all the
Journals of the city, and however we might
question the policy or Justice of the eXer-
else of such power, their constitutional
right would be indubitable.
1t has been frequently decided that where
no Constitutional restrictions exist, muni-
cipal corporations, established Tor public
purposes, are entirely subject to the legis-
lative will. The most elaborate of these de-
cisions was that rendered by Chief Justice
Eustis, in 1913, to be found in the third An
nual Reports, page sol.
1t has been said that the act in question
is unconstitutional, because it itviolates the
contract made with the Crescent, and that
no law can be passed that impairs the obli-
cations of a contract. But this law does
not necessarily cancel or annul the agree
ment made with the Crescent. The act re
cognizes the right of the city to print in
more than one paper. 1t does not propose
to give to the REPUBLICAN the eIcLaSiue
right. It vests in the city the privilege Of
giving to several papers the advertising,
etc, 1t SAYS (section twO), 'That the ad-
vertisements OF the city of New Orleans may
be published in one or more additional pa
peyS whenever, in the opinion of the Com
mon Council, the public interest may de.
manC such additional publication"
beg to add that this law changes, in one
important respect, the existing laws as to the
fOTudlities required before payment can be
made. 1t vests the power III the CoHtroller
of deciding as to the correctness OF the bills
due to the official paper for printing. 1t
declares that 'it shall not be necessary for
any other officer or department OF the city
to examine or approve said account
have been asked whether the contract
made under the act Of 1865 is not void be
cause of the fact that the publisher of the
REPUBLICAN is q member of the General AS.
sembly. The statute in question reads that
| 1.-THE Governor, Lieutenant Governor, ete,
shall be authorized to contract with such
persons as they may deem proper etc.
There Is no provision in the Constitution
similar to that in the city charter prohibit.
ing members of the legislative body from
becoming contractors. The only articles
find on the subject are the following;
art Al. No Senator or Representative.
during the term for which he was elected,
nor for one year thereafter, shall be ap-
pointed to any ciua office of profit under this
State, which shall have been created, or the
emoluments of which may have been In
creased during the time such Senator or
Representative was in Office
"Art. III. No person shall hold or exercise,
at the same time, more than one ONCE of
trust or profit, except that Of Justice of the
Peace or Notary Public.n s.JL
The conclusion, then, to which have
been constrained to come is that under eX-
isting laws the printing must be given to
both Journalistic the Crescent, because the
Council is bound by its solemn contract,
made by virtue of the city charter; and to
the REPUBLICAN. because it has been SO de-
creed by the Legislature, a body from
whose decision there is no appeal, when its
action violates no provision of the constitu-
tional law. Ibeg, however, to suggest that
while the city is bound to print in two
papers, the quantity OF printed matter may
begreatly reduced. Section twenty of the
city charter defines the extent of the adver-
tising required by law.
HENRY j. LEOVY, City Attorney.
The following communication from the
Controller was received, and, on motion,
referred to the committee on Streets and
Landings, with instructions to report by
resolution;
CoxraofLEg's OFFICE, !
Il City Han, October "a isss. !
To the Honorable Common Council:
/ GENTLxAEH--I have the honor to report to
your honorable body that, according to reso
Il luton No. 1881 new series, and after legal
notice in the official Journals ] have thiF day
adiudicated the cont act fer the building 3
foot bridge across the New Canal Basin, al
the foot of Liberty street, to Robert Mea-
dowcroft as principal and John Clark as se-
curity, for (S6900) six Thousand nine hun
dred and eighty dollars; and also, accord.
iLg to resolution No. l034,new series, con-
tract for skelllng aud grading Eighth street
from Magazine to Tchonpltoplas street, with
lake shells, to j. J. O'HAra as principal and
G. Correiolles secnrity, at (S1 95l one dollar
and ninety-dye cents per running foot. All
Of which Is respectfully submitted,
Your obedient servant,
A rAMnDN