New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-03-26

free from all costs during the month o. JAM
uary only OF each year, but the legislatures
when applied to have never refused an ex-
tension up TO the first of March OF the year
in which they are due. In the month OF
February last the Council extended the
time until the first of March, and the ordi-
nance was duly approved by Major General
W. s. Hancock, and promulgated by the
Mayor. The attorney Of Judge Heistand
claims in his petition that he is entitled to
his fee Of ten per cent since the first OF Feb
ruary last, thereby setting aside the ap-
prevail Of the commanding general. me
ordinance authorizes the collection free
from all costs. Nearly all licenses collected
this month have had the ten per cent added.
This amount has been placed to the credit
of law charges, but it does mot fol'
low that it goes to the attorney, which Is
now the dispute between us.
claim that Judge HiestaHd Is not emu
tied to the len per cent collected on licenses
| in this Office and the law is positive that ne
shall only receive it after obtaining Judg-
ment and collection. Here lie the only law
on that point. g.,
aAnd further it shall be the duty Of said
| Treasurer to hand over to the Assistant City
| Attorney all bills for fines dues, or licenses
designated and intended by sections lO3,
\ l04, Bnd l05, whenever the same shall &C
crue or be exigable by the provisions OF this
act, aud the said Assistant Attorney snail
| forthwith institute proceedings in courts Of
competent jurisdiction in the several dis
| tricts where said dues, licenses, fines, or
| penalties shall have accrued for the enforce
Inent of said dues, licenses, fines, or penal
ties according to the provisions of this act,
and the said Assistant Attorney shall re.
ceiye as compensation for his services in all
! cases ten per cent on such dues, licenses,
fines, or penalties, to be paid by the person
or persons in default"
This is the law of 1858. You will find it
in Levoy's Digest, page fifty. 1t is as plain
as the English language can make it. Ii
| censes are not like tax bills--they do not
accrue. They are only known in the office
when the application is made for payment,
| or when delinquents are reported by the
inspectors appointed for that purpose.
The order of the court compels me to
hand over all uncollected licenses, but il
does not say the ten per cent already col
lected shall be paid over to the Attorney.
Ny impression is this belongs to the city,
and it will SO be held unless otherwise or
dered by you, or a suit in court compelling
the payment.
A suspeasive appeal from the.decision Of
/ yesterday can be taken if You think proper
to instruct me TO DO SO.
Respectfully yours,
S. HOWELL, Treasurer.
The following report of the Controller was
referred to the Finance Committee:
CoNrRoL1ER's OFFICE CITY HALL, ,
| New Orleans, March "a, ls6s.
| 70 the Honorable the Common Council:
| GKNTLEMEN-I have the honor to state
that have adjudicated the following con
| tracts
Building Recorders Court, Police Station,
and Lookup for First District, to Daniel
Mulligan-securitie Henry McGuinn, VIM.
Bell, and Mr.. P. Irwin-fOr twepty'six
Thousand nine hundred dollars (S2G.9 0O,)
| Cleaning of public sinks to A. Conrad
security G. Bonet-at forty-6ve hundred
dollars (S4590.)
Respectfully,