The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-08-13
IoFFICIALI
COMMON COUNCIL.
BOARD OF ASSISTANT ALDERMEN.
REGULAR SESSION.

On motion of Mr.. Fisher the rules were sus
pended to allow the introduction OF the following
resolution:
Resolued, That the Board Of Aldermen be and
they are hereby invited 10 meet this board in Join,
session, at o'clock this evening, for the purpose
OF eectlng director, on the part Of the CITY, for
the New Orleans, 0pelousas and Great Western
Railroad Company, in place Of j. II. Nicholson,
who has failed 70 qualify, and who is be sides a
non resident of the state.
Mr.. Farrell moved to amend the resolution SO
that it would also provide for the election of an
inspector Of wood and coal. The amendment was
accepted. Pending the argument upon the adop-
fion OF the resolution, Messrs. Wynne, Pemberton
and GraDdpre entered and took their seats.
The resolution amended was then put upon
its fret reading and adopted. second reading
OF the resolution was had, and upon a call of the
ayes and noes upon its adoption was lost by tie
vote. Ayes-Messrs. Kearny, Walker, Pember-
ton, Fisher and Farrell. Nays-Messrs. Rose.
Camp, Grandpre, Paniely and wynne.
Mr.. Morpby here entered and took his seat.
The following communication from the mayor
was received:
MAYoRALTY OF NEW ORLEANS,
City Hall, Aug. IL, ls6s.
To the Honorable the Common Council: ~ .'
Geratlemen-Here with transmitted is an import.
ant communication from the city attorney
bhOuiu you tnluk proper 10 ADOPT his suggestion
would respectfully recommend that the mayor
be authorized jointly with the city attorney TO se.
lect and employ an attorney in the cases named
In the accomp anying communication and others
requiring immediate attention.
Very respectfully, etc.,
JOHN X. CONWAY, Mayor.
The reading Of the city attorneys communica.
ton transmitted by his honor the mayor was
called for, and read as follows:
OFFICE CRY ATTORNEY
Room No. Is. CITY HALL,
New Orleans, Aug. IL, 1857
Hon John r. Conway, Mayor etc:
Sir-It has been an established practice in very
important cases involving large amounts, for the
city TO employ counsel TO assist the city attorney
Owing TO the many changes In the city government
find that the legal business OF the city has sccu.
musted TO an extent which renders It necessary
for the interests of the city that this Office should
receive assistance.
would respectfully request that you make il
known TO the Common Council that counsel should
be employed in the cases of Arrowsmith va. Civ
now pending in Sixth District Court, and Escot ct
al. VS.. City, now pending in the Fourth District
Court. They are both land suits OF great import
snce-the latter involving one hundred Thousand
dollars, and both cases will require much time and
labor In their preparation.
Very respectfully,
Your obedient servant,
j. b. EUsTIs, City Attorney.
Mr.. Fisher asked and obtained suspension Of
which was read and defeated:
Resolved, That the city attorney be and he ia
hereby authorized TO employ additional counsel
to assist him in defending the suits of Scott va
City of New Orleans, and Arrowsmith VS.. City of
New Orleans, provided the fees to be paid
to said additional counsel shall not exceed one
thousand dollars.
Mr.. Fisher, voting with the majority, gave no.
tice that he would at the next meeting move a
reconsideration.
The following communication from the mayor
was read:
MAYoRALTY OF New ORLEANS
City Hall, Aug. 10, 1865. I
To the Honorable the Common Council:
Ger1tiemen-A resolution originating In the |
Board Of Assistant Aldermen. authorizing the |
controller TO sdjOdicate the sale of revenues of
Claiborne Market for one MONTH or to the 3lst of |
December next, the city reserving the right to
annul the sale at one day 8 notice. is herewith "a.
turned without my approval. -
In December last ordinance was passed and
promulgated, readoptiDg articles 597 aud sos of
me ordnance concerning markets in Leovy's
Digest, with this exception, that instead Of pro-
VidjDg for the adjudication of the markets sepa-
rateiy for one year, IL provides for their sale
separately for the year 1865.
In my veto of the Dryades Market resolution
gave my reasons at some ltngth why these adiu-
dicatiOns were made for not less than one wear. |
which the law expressly provides for, together |
WIN other reasons for my nonapproval. which
have pertinent application TO the measure now
before me, and to which respectfully call your
attention.
There is an additional reason why cannot af6x
my signature TO this resolution. IL has no repeaI.
ing clause; NO one viii question the right of the
common Council TO repeal, with the sanction of
the mayor, the laws enacted by their authority.
Ibe whole OF part of en- existing law if in con.
iiict with new law, should be expressly repealed
hepeaIing by implication only leads to uncertainty
and confusion, and therefore, sooner or later il
productive OF mischief and litigation.
Very respectfully, etc., ..... T..
JOHE R. CONWAY, Mayor.
The reading Of the resolution was called for. az
follows:
ResoIued, That the controller shall. after the
passage OF thus resolution and approval by the
mayor, sdJudicate, after ten days notice in the
ofhcal journal, to the highest bidder and in &C. |
,ordsnce with the market ordinances the reve. |
lues OF the Claiborne Market for one month or To |
he 3lst OF December. 1865. the city reserving the
light 10 snnul the lease ia one days notice with.
)ut damages.
Upon motion Of Mr.. Fisher, the resolution was
persisted in notwithstanding the mayors veto, by
unanimous vote.
Ayes-Messrs. Kearney, Rose, Walker, Penn.
oerton, Camp. Sturcken, Grandpre, Fisher, Nor.
'by, Pandely, Wynne and Farrell.
The resolution was then, upon motion, trans.
nitted to the upper board for concurrence.
The controllers statement showing checks
rawn by the treasurer for the week ending
august IL, 1868, amounting to $50, was read and
eferred to the finance committee.
The following communication from the city at.
orney was received:
NEW ORLEANS, Aug. s, 1868. {
% The Secretary Of the Board Of Assistant Aldermen
6T-ln relation to the legality of the election of
De ommissoners of the Houses OF Refuge, which
ook place on June 9th, ls6S, my opinion is that
aid election was Illegal, the proceedings OF the {
so boards having been in contrayenton of sec. !
Very respectfully, your obedient servant.
]. B. EUsTIs
City Attorney.
The following report was submitted by the
reefs and landings committee:
COMMITTEE OF STREETS AND LANDINGS,
BOARD oFAssIsTAsT ALDERMEN, l
City Hall, Aug. IL, 1865. :
0 the Honorable Board Of Assistant Aldermen: ii
Ge1aemeF1-Your committee have the honor 10 Ii
port upon the following subjects referred to il
lem. viz: :.