The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-15

and not an appointment 70 once, the CITY Is equeify
tract be snnulled for at least the loss Of the profits
incurred by the proprietor Of the CRESCENT. See
10th Annual, p. 19.
The proprietors Of the Republican also claim the
printing of the city advertisements. - IN
This Claim is based upon the act Of the Legisla.
ture, approved July 22d, 1868, which provides
that the governor, lieutenant governor and speaker
of the House of Representatives shall contract
with sc%s party 70. sIi Necessary printing sso'
I" Be IL 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
according to the specifications. and at prices set
down in the following ITEMS" etc.
In section ii it is said that the State printer
shall publish In his Afcial Journal all Judicial ad-
vertisements required to- be published IN the
parish of Orleans etc., and "Also all municipal
advertisements Of every 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 Oounou'
or by any officer or department Of the city gov
eminent. And any such publication or advertise
meDt, whether parochiai or municipal. snau De
utterly null and void, unless so published In the
official journal; Preceded, That the advertise
ments of the city Of New Orleans may be published
in one or more additional papers, whenever in the
opinion of the Common Council the puolic IN
terest may demand such additional publication.
y
authorized to insert notices of elections In one or
more papers in addition to the official journal"
am asked II the Common Council is
compelled to obey this law, or, 10 other
words, whether or not 1t Is CONSTITUTIONAL.
/ look in Wan in the Constitution OF 1868
for any restriction or prohibition on the subject.
Had this Constitution contained the clause to be
found in shoss Of lsl2 is4s 1852 and 1854, there
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 1868, 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 al the
journals of the city, and however we might ques-
ton the policy or justice Of the exercise OF such
power their constitutional right would be indubft
able.
II has been frequently decided that where no
constitutional restrictions exist municipal corpo-
rations, established for public purposes, are en-
tirely subject to the legislative will. The most
elaborate of these decisions that rendered by
Chief Justice Eusts In lS48 to be found In the 80
Annual Reports page 30l. ID
Ii has been said that the act in question 10 I'M
constitutional, because 1t violates the contract
made with the CRESCENT. and that no law can be
passed that impairs the obligations OF a contract
But this law does not necessarily cancel or annul
the agreement made with the CRESCENT. The act
recognizes the right of the city to print In mora
than one paper. 1t does not propose to give TO
| the Republican the erclusice right. 1t vests In
the city the privilege Of giving to several papers
the advertising, etc. Il says (secnon y, "rnat
the advertisements 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
| publication"
| beg TO add that this law changes, in one i'm
portsnt respect the existing laws as to the form
alties required before payment can be made. Ii
vests the power in the controller of deciding as to
the correctness of the bills due to the official pa
per for printing. 1t declares that it shall not be
/ necessary for any other officer or department OF
i the city 20 examine or approve said account"
| have been asked whether the contract made
/ under the act of 1868 is not void because OF the
fact that the publisher OF the Republican Is MEM
Der of the General Assembly. The statute in ques'
ton reads that the governor, lieutenant govern
or etc.. 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 prohibiting members of the
| legislative body from becoming contractors. The
only articles find on the subject are the follow
ing: .;..
| the term for which he was elected, nor for one
| year thereafter, shall be appointed to any cru
office of profit under this State which shall have
been created or the emoluments OF which may
have been increased during the time such senator
or representative was In office"
" Art..Il7--No person shall hold or exercise d
the same time, more than one office OF trust OF
profit, except that Of justice Of the peace or no
tary public" lre
The conclusion, then, to which have beer
constrained to come Is that under existing law;
the printing must be given to both Journals u
the CREscENT, because the council IS bound by IL
solemn contract made by virtue OF the city chart
err, and to the Republican. because it has been &c
decreed by the Legislature, body from whose
decision there is no appeal, when Its action VOL
ates no provision of the constitutional law. beg
however, to suggest that while the city Is nonnf
| in fU0 n uuQntitV
matter may be greatly reduced. Section ~ OF I'M
city charter defines the extent Of the advertising
required by law. Ll
HENRY ]. I.EovY, City Attorney.
The following Communication from the control
Ter was received, and, on motion, referred to tn
committee on streets and landings with instruc
tons to report by resolution: Rs.
CoETRoLLER's OFFICE, CITY OF New ORLEANS,
~crf4 "a City Hall, Oct lS. 1868.
| To the Honorable Common Council:
Genaen,e,s-I have the honor to report to You
honorable body that, according to resolution No
1881 new series, and after legal notice IN the of
cal journals, / have this day adjudicated con
tract for the building of q foot bridge across tn
New Canal Basin, at the foot OF Liberty street. I
Robert Meadowcroft as principal and John CLAIR
as security, for (s69s0) ak thousand nine hundre
and eighty dollars; and also, according to resou
ton No. 1884 N. s., q contract for grading an
shelling Eighth street, from Magazine to rchoupl
/
principal and G. Correjoles security, at Isl 80
one dollar and ninety-fye cents per running foot
All of which is respectfully submitted.
]. o. Landry, Controller.
The following resolution from the Board Q
Aldermen on it's second reading was concurred I
unanimously:
Resolced, That the surveyor be and he is here
| by authorized and instructed to grade and she
that portion of the levee in front of the Pontcha
train Railroad, between Lafayette and Giro
| streets: PTorided, The cost Of the same does ne
| exceed five hundred dollars tS500.)
A majority of the finance committee submitte
the following report: ~ %
FINANCE COMMITTEE ROOM,
No. % City Hall,
New Orleans, Oct. 13. 1868.
Honorable the President and Members Of the Board
| Assistant Aldermen
Conference.-The finance committee beg leav
to report as follows:
On the resolution relative to Jas. NOLAN Il Co
contractors for the building of the Pile Msrke
and for farming the revenues thereof, your con
mittee offer the following substitute.
tn. F. FISHER. Chairman.
r. WYNNE.
/ J0uN