New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-10

| A4GhAhA AAOfAI
City Attorney.
| OFFICE CRY ATTORNEY !
| Room No. 10 City Hail.
New Orleans, December 8. 1868.
To the Honorable the Board oflAssistant Aldermen:
| GEETLEMEN-On last Monday the Su-
preme Court Of the State, by unanimous
decision of the Judges, refused to grant q
rehearing in the case of O'Hara vs. the City.
| ALI the contracts, therefore, made with
| o Hara and other parties named in the order
of General Sheridan, are declared null and
| void, and the decision is final. "
1t is not in the power of the Council to
| transfer the Contract of 0'Hara to P Muir
| ply. as proposed In the resolution submit
I ted for my opinion, for no such contract ex-
lists. The passage of the resolution might
| be construed into a recognition of a con-
ton that may grow out of this matter.
HENRY ]. LEoVY,
City Attorney.
The following resolution from the Board
of Aldermen was adopted on its first read
ing, and the rules being waived, twas
placed on its second reading, when motion
prevailed to refer the matter to the Commit.
tee on Streets and Landings:
ResoIUed That the City Surveyor be and
he is hereby authorized to have the wharyes
and levees of the First, Second, Third and
Fourth Districts put in perfect repair and
condition. -.
Mr.. Breen here entered and took his seat.
The Finance Committee submitted the
following report: -.... .... .......
FINANCE CoMs1TrFF
Board of Assistant Aldermen
new orleans, December 6, 1868.
The Finance Committee have the honor to
submit to the Common Council proposition
of Charles Monrose, ESQ.,, of Paris, France,
to loan to the city four millions of dollars,
in coin, at an interest specified in his com.
munlcat1on, watch is made part hereof,
and also an ordnance providing for the &C.
Ceptance of the proposition.
The committees have carefully considered
the proposition and recommend the same to
your honors as the most feasible scheme
yet offered to relieve the city from her pecu-
mary embarrassment.
tn. F. FISHER,
Chairman;
ALFRED KEARNY,
JOHN BREEN.
The letter Of Mr.. Monrose, tngether with
the preamble and resolutions accompany.
ing the above report were read, at the con.
clusion of which Mr.. Fisher moved that the
letter and resolutions be printed, which
motion was decided negatively.
A motion finally prevailed to lay the mat.
ter over subject to call. ... .... .......,.
The special committee appointed to in.
vestigate the causes of the late overflow.
submitted the following report:
New ORLEANS, CRY HALL,
November 80, 1868.
To the Honorable the Members of the Common
Council
i GENTLEMEN-Your committee to examine
into the causes of the late overflow in the
rear of the city have the honor to report:
After a careful examination of several
witnesses, they have come to the following
conclusions; The long intervals between re-
currences of overtlows from che lake have
caused those parties whose duty it is to
guard against this danger to become negli.
gent Of the proper precautions and to relax
the continued attention which the matter
deserves, so that in several cases they have
suffered the depressions caused by travel
over and along the leVees to remain unre.
paired and, in some instances, the earth
from the protection levees to be hauled
away and.appropriated to private uses.
In the Fourth District and in portion of
the First District the overflow is to be at
tributed to the removal of the levees bor-
dering the Claiborne street canal. Your
committee have failed to discover by whose
authority that portion of the levee below
the draining machine has been removed,
That portion of the leyee above the drain
ing machine, extending to Jefferson City,
was removed by authority of the late
military council, thus leaving the Fourth
District and portion of The First Dis
trict unprotected. The overflow In
that portion OF the city situated be-
tween the New Canal and the Carondelet
Canal WAS. in great part occ 4sioned by the
removal ofthe- levee of the New Canal. for
the purpose of widening the said canal, and /
while your committee consider the proce-
dure to have been highly imprudent, they
can attach no special blame 10 the COM
pany, aas the leRee was being replaced with
much promptness and nearly as fast as it
astgTemoyed. Thehcompany, however,
shanld be directed to Increase the elevation
Of all the levees to guard against all future
contingencies, for the good reason that
IN several places the water rose above the
banks. The water rose also over del res
Aions In the leYees Of the Old Canal and
Bayou st. John. As to the cause of the
Vater remaining in this section of the city
longer than In other places, the blame is
clearly attributable tonegligence on the part
dffhe contractor for running the draining
machine for this section, who failed 70 keep
tho Tnachinedn proper order. and q =. neglf-
gence has been displayed during the whole
time that the machine has been In his
charge.
In that part Of the city situated between
the Old Canal and the lower line Of the city,
the water came chiefly over the depresslons
In the levee along fhe Bayou st. John,
which have not been In proper order for
several years.
We would furthermore state, however.
that the water rose to an unusually great
height, and that under the circumstances
your. committee can attach no especial
blame TO any one, but would recommend
that all the proper precautions be taken in
the premises to prevent q recurrence of
these disasters. fNs lie .HE
Your committee hsve the honor to submit
the accompanying resolutions. ,14
fda Yl @. CAMP, tl tu-
9 Chairman;
PETER KAISER,
3 ses THOS ii, SHIELDS,
3aa 10 e. @. MORPHY.
The following resolutions accompanying
the ADORE report were unanimously adopted
on their several readings. after which they
were, on motion, transferred to the Board
Of Aldermen fog concurrence;
Be Il sssolsed, That the Mayor be aud he
y hereby authorized and requested TO for.
ward % the leasaes Of the New Canal, and
Of the Carondelet Canal. CODY of the re-
port AZ the 3" Committees "a eramine into
the eaase Of the late overflow ia the rear Of
the city, y with a Request, hat fsf the fafitre
aecrrlF Of the city, they immediately raise
and repair the leyees bordering the said
Rs i sesoloed That the City eurssssf Be