The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-17


The board met pursuant to adjournment
Present.: President Kearny and Messrs. Rose,
Walker, PeDberton, Camp, sturcken, Fisher. Pso.
dely, wynne and Farrell.
On motion Of Mr.. Fisher the reading Of the
minutes was dispensed with.
The following message from the mayor was re-
ceived:
MAYoRALrY OF NEW ORLsANs,
City Hall, Aug. 10, 1868.
To the Honorable the Common Council:
GenAemea-I return TO the Board of Assistant
Aldermen. in which it originated, the following
Joint resolution, via. 90 +. -usa
Rescued, That the mayor be and he is hereby
auth orized TO enter into contract by notarial act
on behalf Of the city of New Orleans, With the
Southern Paving Company-eecurity, e. j. Hart
d to.-for paving Race street, from Tchoupitou-
las TO Coliseum street, with the NicolsOn pave
ment at three dollars aud fifty cents (s3 50) per
superficial square yard, the work to be done
according to plans and specifications on file In the
Office of the city surveyor.
PTeliminsrily beg TO say that no one can pos.
sibly be more interested IN the Improvement OF
our streets than myself. No one is more anxious
10 unite with the Common Council IN al legal
measures. calculated TO for ward any work for the
benefit Of owners of vehicles, the convenience Of
pedestrians, the promotion Of the public health,
and the enhancement of the value of real estate.
A residence of more than q quarter of a century
ID your mlubt, dnO t1OIOuk1 iuculuCdlOu Vi IN
erest in The welfare and prosperity of the city, IL
ample proof that such must be my feelings and
desires as a citizen. Called to the chief mags-
tracy of the city these feelings and desires in
creased, for will be my pride at the close of the
present administration to have so labored for the
public good as to meet the appreciation of my con.
stituents.
IL is admitted that the paving of our streets,
whether considered sanstorally, or as a matter of
public convenience, or as increasing the value Of
~ IA af M
The question arises, first, what is the best paving
which can be adopted; second its cost; and third,
what contracts can be made which will satisfy Ike
law,
Experience has demonstrated that the square
block pavement is best adapted to the spooey
slluvium upon which New Orleans is butt Ia
uniformity Of pressure in solidty, 10 durabieness
in cleanliness, and the small cost incident to keep
ing IL in repair, this pavement Is superior in our
climate where there are neither ice nor snow TO
any other. The first experiments were made on
Chsrues and Royal streets, and although at 6rst
improperly laid, the square blocks have Suffered
but little from the effects of time. 10 Canal, st.
Charles and other important thoroughfares the
weas of these granite blocks is scarcely percep-
tible. The few sinks, or inequalities Of surface
which from time to time have occurred, are chief.
ly due to tearing up the pavement by the street
railroad companies, and the imperfect manner in
which the blocks were replaced.
On the contrary, the Nicelson pavement can
not, from the nature of the wooden materials with
which it is built, compete in durableuess with
granite blocks. In my judgment, a few
years will suffice to cause many regrets,
If this system Of pavement should be, persisted
in, that the experiment was ever made. IL will
be found, il ! am not greatly mistaken, the cost
lest experiment known to any city.
And just here, il may be opportune to remark,
that prudence requires we should determine, 10
the ipcipiency of the attempts to introduce this
pavement, not 10 stnltify ourselves by creating
precedent, for one inexpedient and illegal act
rarely fails to lead to others, in the anxiety to
preserve, at least, the external show OF consist
eDcy.
with an air of triumph TO Chicago, city built
upon spopgy prairie soil, whose corporate suthor
ties were induced to try it in 1856. But. unfor-
tuDstey, those Of Us who have ever inspected
this pavement on those fashionable business thor
oughfsres, Lake and Dearborn streets, have been
amsz ed that Chicago has been cited an exam
pie of the utility of this pavement. IL is Q fail
ure. The soft nature of the soil has caused sinks
here and there along the roadway of those streets
which. in wet weather, form pools of water, and
in dry weather are repositories Of dust. In New
Orleans pedestrians, after rain. can cross any
portion Of our granite pavement. for rains only
make il cleaner. But in Chicago the Nicolson
pavement not only sccumulstes mud in bad
weather, but dust 10 good. so that 1t is rarely,
if ever, clean. Did the advocates OF this
pavement point to st. Louis as an
example of success. barring the unpleasant
features of mud and dust, they might better sus
tsin their argument: St. Louis is built upon .
bed Of limestone. The surface is hard and un
yielding, and, therefore. this pavement cannot, as
in the case of Chicago. so easily and speedily
degenerate into unpleasant depressions or sinks
Yet even In st. Louis, few years have sufficed
to damage the pavement in streets most used by
vehicles.
Independent of the above considerations there
are powerful, nay, conclusive legal reasons why
the city cannot make contract with the Southern
NicolsOn Paving Company for laying down their
pavement. The first objection Is to be found in
the city charter. The city is expressly forbidden
from making any contract over Eve hundred dol.
lars for public works, supplies or materials, un.
less such contract be adjudicated by the con.
tyoer after the usual notice, TO The l0toest bidder,
the contractor giving good and solvent security
for the faithful performance of his duty. The
object of this notice is to give euery citizen an
opportunity Of bidding at such public sale. and
in order that economy may be consulted, the con-
tract is only let to the lowest bidder.
There is no exception TO the explicit provision
of the charter that al contracts for public
works" must be disposed of in the foregoing
manner. And ii would be the veriest farce were
8 contract for paving street with the Nicolson
pavement to be put up at public auction, and the
people should zee, sOtus, representative OF the
Southern Paving Company precluding all other
bids by virtue of an exclusive right
Now the Nicolson Paving Company have
patent for their pavement, and are, therefore,
necessarily mOnOpOliss. III WOuld nusttate tne
whole object of the law regulating adjudications
Of contracts for public works, and furnish 9 most
unfortunate precedent for violating the charter,
we're the mayor to enter into notara contract with
the company as the resolution 10 question su.
thorizes. The validity of such act would not
bear the test Of law in even the court Of justice
Of the peace.
Suppose that this illegal act was executed, and
the company should lay down its pavement, and
neither the present nor future administration
should see 1T to. contest IL? Who 10 to keep this
pavement in repari Will the company part with
so much Of its patent as will authorize the city.
through its street commissioner, to repair the
pavement And If il did, will ii guarantee to
leach each succeeding street commissioner or
contractor the art Of laying down the pavement
The company will do neither of these things.
Should the city attempt repairs, the patent OF
thetcompaDy would authorize them to out az in
junction, and thus the Southern Paving Company
are either made perpetual street contractors or de
spairiug of remedy, the city would be compelled
to pay them for the unexpired time of their con-
tract, and lay down another pavement not subject
to these perplexing difficulties.
Another reason presents itself to my mind. Gas
and water pipes are being continually laid down
in our streets. Square block and even coSbls