The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-22

IL, y
motion to lay on the table having been previously
lost: -
WHEREAS, An application has been submitted to
the finance committee OF the Common Council for
payment Of salary alleged to be due members Of
of body styled the Board of Police Commission.
ers. and as grave doubts exist to the legality Of
the enactments creating said Board Of Police Com
miss.oners as well as of the appointments made by
them, and
WHEREAS, It is the duty of this body to protect
the citizens and taxpayers as far as possible
against all illegasusurpaton of power or increase
of the already onerous taxation under which our
people are suffering; therefore
BE u resolved, That the controller and treas
urer are hereby ordered not to audit or pay any
of the pay rolls of the metropolitan police, the
of1cers and slarge portion OF the force having
been placed on duty by an authority considered
unconstitutional and illegal. oppressive and odious
TO tax payers and property owners Of this city.
Resoired, That his honor the mayor be re-
quested to resist further payment OF any police
force, except such as may be organized under the
charter of the city, and placed on duty by the
proper municipal authorities of this city,.
Resolred further. That the controller be and
is hereby instructed to reject all applications for
supplies made on him by the chief OF police,
Board Of Police Commissioners, or any of the
police department, known as the metropolitan
police force. ~ -
Resolved, That the chairmen of standing com.
mittees and all officers and employees OF the city OF
New Orleans be and they are hereby instructed to
abstain from acknowledging or in any way recog.
nizing the legal right of the so called Board OF
Police Commissioners and their appointees to the
positions which they assume 10 hold, and that the
Common Council respectfully request his honor the
may or to conform to the spirit Of the foregoing
preamble and resolutions. ..al1-l. -L
Resolced further, That the attention Of the city
attorney be specially called to the foregoing, and
aS s g saaS ssgs Ios
as may be necessary. the Common Councif hereby
IL .s.s.. =
prevent what is believed to be a violation OF the
rights of the whole community.
The yeas and nays having been called on the
foregoing resolution, resulted as follows:
Yeas-Messrs. Rose. Athens, Walker, Fisher,
Psndely, wynne, Farrell and Breen.
Nsys-Messrs. Pemberton, Camp and Morphy.
Mr. Kearny voting blank.
The trea-urer's report for the week ending Oct
II. lsGs, showing receipts slSs,474 20; expend-
lures 1857, 1858 81; balance on hand $S0.52o 70
was referred to the finance committee.
The following communication from the con-
troller was read and referred to the committee on
streets and landings:
CONTROLLERS OFFICE. CITY HALL,
New Orleans, Oct. 20, 1868. I
To the Honorable the Common COuncil:
Gentlenen--I have the honor to report to your
honorable body that Friday, the 10th inst, and
according to ordinance No. 104S N. s.. and after
due and legal advertisements in the official jour.
nal, / adjudcated contracts for cleaning the
streets and repairing the unpaved streets OF the
seventh, eighth and ninth wards of the city, for
the term OF two years, to 5. W. Cotton, principal,
and E. Flood, A. c. Merkel and v. F, Cotton, as
securities, as follows, to.wit:
Seventh ward, four thousand nine hundred and
seventy.five dollars $3.50 per annum; eighth
ward. at three thousand nine hundred dollars
(s3900) per annum, and the ninth ward at three
u l~oI I1flo an
mum.
All of which is respectfully submitted,
j. o. LANDRY, Controller.
Messrs. Montgomery and Morphy here entered
and took their seats.
The following communication from the city sur
veyor We received and on motion. the recon-
mendstion therein contained adopted:
.-.f-, SURVEYORS OFFICE,
Room No. 10, CRY HALL.
City of New Orleans Oct. 10, 1865.
To the Honorable Common Council Board ofAssstant Alder
Genhenen-I have the honor to report fav orably
upon the following petitions of property holders,
the same being signed as required by sections ll9
and 100 of the city charter; .-- l..
Petition of property holders on the south side of
Gravier street, between Baronne and Dryades
streets praying to have their banquettes raised to
a proper grade. 81 a .-.- 80 =
Petition of property holders on Julia street, be-
tween Galvez and Broad streets. PRAYING -foz, a
brick banquette, bordered WIN curbstones, and
wooden gutter. -s -r D st1
Petition of property holders on Bolivar street,
between Lafayette and Common streets, praying
for bsDquette, paved with bricks, b0rdered with
curbstones and wooden gutter. 1 respectfully
recommend their publication according to Law. i
remain, gentlemen. your obedient servant,
L. SURGI, City Surveyor.
Mr.. Fisher, under suspension of the rules, in
troduced the following resolution, which was
unanimously adopted on its several readings, and
on motion, transmitted to the Board of Aldermen
for concurrence:
Resolred, That James McCloskey be and he ia
hereby accepted as the bondsman for Joseph
Murphy, street commissioner, for the sum of ten
thousand dollars, in place of f. Rgney, who shall
then be released from future liability.
The following communications from the city
attorney were received and on motion referred to
the finance committee:
- OFFICE CRY ATTORNEY
Room No. Is, City Hall,
New Orleans, October 20, 1868. J
To the Honorable the Board of Assistant Alderman:
On the 9Th inst. the Board of Assistant Alder
men, by resolution, called tor an opinions from the
city attorney as to the obligation of the city to
publish its advertisements in two journals. With
| an earnest desire to aid the council In its de-
| termination to reduce all unnecessary expenses,
l gave to the subject careful consideration.
Discovering that the clause, which heretofore
prevented the Legislature from encroaching upon
the rights of the city, had been omitted in the
| Constitution of 1868, was compelled to conclude
that the act of 1865, relating to city advertising,
violated no constitutional law but, / suggested
that very large sum Of money could be saved by
publishing only those things required by the 10th
section of the city charter. ..,.-..4
1t has since been urged that the act in question
| created an office, that one of the incumbents
| cannot hold it, because he is q member Of the
| General Assembly, and that the opinion Of the
city attorney that the statute provides for con-
tract. and not an Office, is erroneous. Such sug-
gesiions In matters of grave importance. are emit.
| tied to respectful consideration. | have. there
fore, again given this branch of the subject care.
| full examination.
find that when work is to be done for the
State, either Of two plans may be adopted. The
work may be done by ordering public function
airy to contract for it, or. bureau or public office
| may be created, under whose superintendent the
| labor is performed. In the present case, the
question is did the Legislature intend to create
an Office, or did they simply design that the work
| should be done by contract. 1t seems to me that
| unusual pains were taken by the Legislature to
prevent the possibility of doubt. The governor
| Is not authorized to appoint, or the people to
elect, but to use the language of the act, the gov
H.