The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-10

DcCeuiucI o. 1000.
The board met pursuant to adjournment
Present: President KearDy, Messrs Rose, All
kens, Walker. Pemberton. Camp. Montgomery
0randpre Fisher and Papdely.
The reading of the minutes of last meeting wa
dispensed with on motion of Mr.. Aitkens.
The folio siDg message from the mayor was rea
and on motion action thereon deferred 10 futur
meeting:
MAYORALTY OF NEW ORLEANS, J
CRY Hall. Dec. 2, IS6s.
Te the Honorable the Common Council:
Geralemez-Herewth Is respectfully returned
10 the boaId IN which 1t originated, without mi
approval, " An ordinance concerning the markets
OF the city OF New Orleans and providing for the
revenues thereOf.n
twill be seeD that the first section of this ord
nance contains a singular and fatal anachronism
IL provides that on the first Monday Of each year
the controller shall adJudicate or cause 10 be ad.
Judicsted e the highest bidder the collection Of
the revenufs Of the public markets, seoarat Iy.
Tor one yesr from the first Of January folOUing.
AS the first Monday IN January 1869 would be the
NTH OF that month, the adjudication of the mar
kets for one yesr from first OF January folio wing
would necessarily take effect on the first Monday
OF January 1870. And yet section 80 provides
that the ordinance shall go into effect from aud at
ter the first OF January 1869. Independent of this
serious objection may add that the contract of
the present farmers expires the first OF anusry
next, and therefore five days would elapse before
new farmers could possibly enter upon the di,.
charge OF their several duties thus necessitatjng
the appointment of collectors for the time being.
section L very Objectionable for the reason
that the TART OF charges collected by the farmer
is not recitef. but is the subject of but simple
reference.
1t is highly important that all bidders should
nave before them complete ordinance. 1t may
be sad that bare reference to article 500 OF
Leovy's digest city laws and ordinances to the
to the tariff of daily charges is ample evidence
mat The taTih Is intended to be maintained. Ger.
fanny ibis was the OBJECT 10 drafting the section.
But then an sll important section of the ordinance
Is thus rendered Obscure and unsatisfactory to
bidders. Besides article 500 Is repealed ny the
market ordinance adopted December IL, 1857. |
shall refer a. ihis subject again.
Section fourteen Is Objectionable on the score of
giving extraordinary privileges TO carts aud other
vehicles selling fish, 70 Wis, game fruit milk but
ter, chez sc and vegetables within three squares OF
the public markets.
1t would be source OF Inconvenience and an.
noyance 10 property owners ana tenants to have
lines OF carts and vehicles backed up against the
curosiones 10 'front.' OF their dwellings places Of
business. and the bsnquettes made a common
hucksteriug ground That this would depreciate
the value Of property IN the streets set apart for
this extension OF the public markets is unques.
uonsoie and surely no one can doubt, as 1t is left
TO the surveyor by the ordinance to designate the
streets where these carts shall all stand that the
mayor would be subjected TO the ANNOYANCE of
dairy complaints aud petitions for removal of
the obnoxious bucksters. A little reflection
would teach any one co1versant with market
affairs, that such would be the gradual
encroacbments Of hucksers upon the ban9uettes
mat strong police force would be required to
clear away distractions. This extension of the
public markets along common thoroughfares
would greatly curtail the usefulness of commits.
safies. Any cOmmissary who performs his duty
nnos all bis time. during market hours, employed
Wi'hin The precincts OF the market itself. Super
vki0n OF three squares OF carts, with the attend.
ant trouble and annoyance, even with deputies
would impair his usefulness 10 the quarter where
the collection Of revenues chiefly repay farmer |
for the responsibility incurred in the lessorship Of
q market house.
| call special attention to the remarkable |
phrsseology of section 80 Of the ordinance now |
before me, which expressly repeats the tariff of |
charges IN both the market ordinance ia Leoyy's |
compilation OF laws. and also the tariff of charges
in the ordinance of December 18th, 1857. Here
Is the repeating clause: ' Be it further ordained,
that all preutOus ordinances and resolutions or
parts OF ofdinsnces and resolutions, refeTrinG 20
markets, be and the same are hereby repealed"
will be seen that II does not laws or parts
OF laws contrary 10 or conflicting with the pro-
visions OF this ordinance, bul all laws or parts of
laws referring TO markets." This is sweeping
and would render the public markets of no value
TO the city, because no sane man would purchase
where the ordnance under which he purchases
repeals the tariff OF charges. This repeating clause
OF itself destroys the ordinance.
In view OF the danger to the public interests by
the approval Of the ordinance now under con-
siderauon, return 1t with the above objections.
JNo. X. CONWAY, Mayor.
The following communication from the mayor
was received together with q tabular statement
showing thu result Of the late election on the issue
of t3.0o00o0 bonds for the absorption of CITY
money:
sTATB OF LOUISIANA, J
NATIONALITY OF NEW ORLEANS |
City Hall, Dec. Is, 1865.
To the HOnorpbIe Common Council:
Ge'aenlsn- Herewith Is transmitted the official
returns of The eleetiOn held nm fha
Der. Tor the approval or disapproval OF an ordi
nance providing for the redemption and absorption
OF the various Issues of city treasury notes, aud
the relief OF the finances of the city of New Or
Respectfully.
Jso. 4. CONWAY. Mayor.
1.-THE table will be found at conclusion OF
journal.l
The uessurer's report for the week ending De- |
cember 5tb, 1865, showing receipts 500, 2O7 Is.
expenditures sl64,2ls 40, balance on hand $685..
9e1 IS, was referred to the finance committee.
The following communications from the city at
torney were received, the former Of which wssre.
ferred 10 the committee on police and health. and
the latter TO the committee on streets and land
iDgs:
OFFICE CRY ATTORNEY, I
.--a Room No. Is, City Hall,
New Orleans. Dec. s. 1865. l.
70 the Hcrorable the Board Of Assistant Aldermen: n
Genpen,erl-ln response to your resolution call {,
Dg Tor Information as TO the present condition of
he suit for opening of Chartres and Royal streets
Cssacaivo and Moreau) beg to submit the fol, | Z
owing statement: %
The case is now in the Fourth District Court,
he Supreme Court having decided that the oppo.
'tion Of the city TO the assessment in favor of the
Levee Steam Cotton Press for $50 900, should be |
maintained and ordering the whole matter to be u
TO the commissioners for new re
port Judge 1hesrd resppointed Messrs. Benit ..
lbesrd aud Ducaiel to make an amended report !:
The whole matter is now before these gentlemen ~
Ind sll the parties interested are awaiting their
Iction.
Respectfully, HENRY J. LEovY. ?,
City Attorney. "
OFFICE CRY ATTORNEY el
Room No. Is. CRY HALL,
New Orleans, December 8, 1865. | oil
70 the Honorable the Board OF Assistant Aldermen II
Ge1lenaen-0n last Monday the Supreme Court "
" the State, by unanimous decision OF the iadge 81
efused to grant rehearing in the case Of Hsrs
70. the city. All the contracts. therefore, made ID
Nth O'bara end other parties named 10 the order
Il General Sheridan, are declared null and void m
nd the decision is final. "
IL IL not IN the Of the council to transfer OIL
be contract of O'Har6 tn p Murnhv IA nro.o..S ST