New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-22

there is reasonable prospect of success in
resisting the payment OF any demand be-
lieved to be unjust, no considerations of
mere delicacy or regard for any officer
should deter them from making the effort.
If 1t is concluded to litigate this claim,
obvious reasons, il would be eminently
proper that other counsel be employed.
In conclusion, beg respectfully to sug.
gest that in matters pending in court or
about to be litigated, consultation with the
law officer of the city should be through ap-
propriate committees, otherwise he may be
trammelled in court by admissions required
by the Common Council.
Respectfully.
HENRY J. LEOVY,
City Attorney.
OFFICE CITY ATroRNFY,) J
Room No. 49, City Hall, :
New Orleans, October 20, 1868. }
The Honorable the Board of Assistant Aldermen:
GENTLEMEN beg to inform you that suit
has just been instituted against the city by
John ArroWsmith, III the Sixth District
Court of the parish of Orleans, in which he
claims two hundred and sixty thousand and
four hundred dollars (S2G0, 400) for certain
lots he alleges have been appropriated by
the city for streets, etc, for public use,
AS in a suit by the same party for a large
sum the city has employed Judge Henry D.
defense are somewhat similar, it is respect.
fully suggested that the matter be referred
to the Finance Committee with power to
make arrangements with the same attorney
TO aid in defending the two suits.
As the answer must be filed before the
first OF November, it is desirable that the
subject be at once acted upon.
Respectfully,
HENRY J. LEOVY,
City Attorney.
The following resolution from the Board
of Aldermen was concurred in on its first
reading:
Resolued, That the license inspectors on
the levee be and are hereby authorized to
arrest or to have arrested any person or per-
sons found dealing, merchand sing or traf-
ticking on the leveo without the necessary
or required license, and to have them duly
arraigned before any Recorder of this city,
who, upon due proof that said parties were
carrying on any of the above trades or busi-
ness, shall impose fine Of twenty dollars
for the benefit OF the city, one-half to go to
the informer.
Mr.. Fisher, under a suspension of the
rules, introduced the following resolution,
which was unanimously adopted on its sew
eral readinS, and on motion sent to the
Board of Aldermen for concurrence:
Resolued, That the Finance Committee be
end they are hereby authorized to contract
with H. D. Ogden for the defense of the
suits of ArroWsmith VS.. the city of New
Orleans.
The following resolution from the Board
of Aldermen was read and referred to the
Committee on improvements and Buildings
ResolUed, That it shall not be lawful for
fofn on mi eli nT- ~
steamboat, schooner, barge, flatboat q
other watercraft not paying license for d
lumber yard to retail and sell lumber in
quantities less than whole cargo.
heResOlUed, further, That any party or par
ties found retailing and selling lumber in
contravention to this ordinance shall be
fined Sl00 for each and every offense, re-
coverabe before any court of competent ju.
risdiction, e-.lalf to go to the intormer.
The following resolutions from the Board
of Aldermen were read and concurred in oil
their first reading:
Resolued That the City Surveyor be and
he is hereby authorized to transfer all of the
| thirty inch main and twelve inch iron water
pipes, now in the possession of the city, tc
the Commissioners of the City Waterworks.
ReSot0ed, That all specifications for con
tracts to be adjudicated by the Controller
shall be made and published at the discre
tion of the Common Council, which specif-
cations shall be approved by the Chairmen
of the Committees on Streets and Landings.
ResOlUed, ftgfter, That all ordinances OF
parts of ordinances contrary to the provi-
sions of this ordinance be and the same are
hereby repealed.
The following preamble and resolutions
from the Board of Aldermen were read and
concurred in on their several readings:
Yeas: Messrs. Kearny, Rose, Atkins
Walker, Montgomery, Sturcken, Fisher
Pandely, wynne, Farrell and Breen.
Nays: Messrs. Pemberton, Camp and Nor
ply.
WHEREAS, Doubts are entertained as to the
constitutionality and biuding force of the
two acts of the Legislature-the one estab.
fishing the Metropolitan Police Board, and
| the other creating a State Printer who
| claims to be paid out of the city treasury fol
advertisements never made by authority ol
the city;
structed to take proper steps to contest in
the courts the constitutionality or legality
| OF said acts, or the liability of the city un
| der them, and to resist and prevent, BY
proper legal process, payment out of tbs
treasury Of the city of any SUN which may
be demanded of the city by any parties
claiming under said acts Of the Legisla'
ture.
Resolued, That this Council have not an.
thorized any payments to be made to any
parties claiming under the acts Of Legisla'
/ ture referred to, and expressly deny the
| liability of the city, and that the Controller
of the city is hereby prohibited from audit
ing any claims or demands which may be
made upon the city under the foregoing
acts of the Legis atnre; therefore
Resolped, That tine Finance Committee be
authorized and empowered to consult with
and obtain the opinion of other legal gem