New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-09
THE CITY COUNCIL.
BOa-d OF Aldermen.

TO consider the Inquiries made by the com.
| manding general in relation to the holding
OF an election on the 18th and 18th instant
President Graham in the chair, and Alder
men Woolfey, Kellogg, Burbank, Devices,
| and Clay present.
The resignation of A. Carriere was offered
and accepted.
The resolution to authorize the city sur
yeyor to repair the levee at the head of
Elysian Fields street passed on its second
The resolution authorizing the city con
troller to repair the iron fence around La
fayette square, at a cost not exceeding five
hundred dollars, came up on its second
reading, and on motion of Mr.. Devices was
laid on the table.
Resolution authorizing the city attorney
to Institute legal proceedings to compel the
drainage commissioners to clean the canals,
or show cause why the same should not be
done, came up on second reading, and
was passed.
An ordinance was received from the board
OF assistant aldermen prohibiting the city
treasurer from Issuing or paying out any
city notes except for amounts due to parties
whose claim is less than one hundred dol
lars.
Sect on tw4 ogjhorizes the controller to
issue his warrants payable in certificates of
Indebtedness caring eight per cent interest.
Section three provides that the city EN-,
ployes shall. as condition precedent to
further employment, obligate themselves to
claims.
Section four provides that the city treas.
urer shall notify the public weekly of the
amount of United States treasury notes in
the treasury Of the city. This was adopted,
and the board adjourned.
Board of As.Istant Aldermen.
This board met pursuant to adjournment,
Mr. Hepp in the chair, aud Messrs. Sullivan,
Straight, Sterry, Sampson, SauVinet Dunn
Davies, Mary, and Flood present.
The subject Of certain grants asked for
by the gram elevator company was taken
up. Propositions were made to make the
term OF years ten, fifteen, and twenty, in
stead ot twenty-five. ltwas finally agreed
to postpone the subject until next week.
Resolution accepting the proposition of
the Messrs. Stern to pay the city bonus of
5000 per annum for 1--WE years to remove all
dead animals from the public thoroughfares
was adopted OH second reading.
The proposition tO authorize the surveyor
to macadamize Clay street from Cont to
Customhouse street, was adopted on second
reading.
The committee on streets and landings
reported favorably on the ordinance pro
viding for the sale of the right OF way to
establish railroads on Locust, Freret, Jack
son, Claiborne, aud other streets, for pas,
sengers only. Adopted on second reading.
The ordinance prohibiting the city to
longer issue its currency and to pay its EN-
ployes and contractors in certificates of
Indebtedness WAS taken up. Adopted on
second reading and senttO the upper board.
According to the understanding of mem
bers of this board all sums under SIOO
owing by the city can be liquidated in city
currency if the creditor chooses to accept
that IN place of a certificate of Indebtedness.
j. II. Keller asked to be relieved of sew
eral ''eXtraordinary privileges granted him
by the council, i'll . marketbOuse in the
fourth district. A few months ago he me-
mOrialized this board for the "cXTaordi
nary privileges"
Referred to finance committee.
4 he managers of Poydras ASYLUM ask for
lot of ground in one of the Washington
street cemeteries. Referred.
The special committee consisting of
Messrs. Sullivan, Perkins, and Juubert, in
reference to the question raised by General
! Buchanan as to n election for municipal
officers on the l7th aud 18th instant, made
report signed by two members Us follows,
which was received:
New ORLEANS, April s, 1868.
To the Honorable the Board Of Assistant Aldermen:
GEETLEMEN-Your committee, to whom
was referred the communication of his
honor the mayor touching the questions
raised by General Buchanan, commanding
the fifth military district, and referring to
the proposed city election to be held on the
18th and 18th instant beg leave to report as
follows;
That the charter of tue city fixes the day
Tor the election OF all its officers, and that
that day is the second Monday Of March
IAct approved 2Gth February, 1866. Leoyy's 5
Digest, page 50
The only law which could by possibility
change the day of election is the act Of con
gress passed March 2 1867, and the supple
mental act passed March II, 1865.
The first act is without any provision on
the subject; the last provides that "the reg
istered voters may vote also for all elective
officers provided for by the said COustitu
| tlonn-meantug the con titution proposed
| by the conventions assembled like our own
/ recent convention uuder the sad act.
| The simple question then is, are our city
officers provided for' by the proposed con-
| stitution?
1t is NANTES that "proyidcd for " means
| created or continued. The proposed CON
| stitution neither creates nor continues, nor
| does it ever designate any officer or office Of
| the city of New Orleaus. 1t can not then
! provide for these officers in the sense in
| which those words are used In the recon
| struction act. True It is that the recent
| convention by AN ordinance did declare
that municipal officers might be elected at
the same time that the constitution was
! voted upon, but the difficulty is that the
| constitution has in no wise provided for tue
municipal officers, and it is only in refer
| ence to officers provided for by the cOust-
| tuition itself that these elections can be held.
1t is needless to remH' * that the cOnsti-
tuition is the fundamental law of the state
and is one thing, and an ordinance passed
| by the convention is, like an act OF the legis-
/ lature, quite another thing, and congress
| in the reconstruction act has seen fit to
authorize the ele, ton only OF tht Sc officers
| provided for In the constitution aud not in
the ordinances promulgated by the several
conventions,
The proposed constitution is entirely
| silent on the subject of municipal officers,
and therefore can not have provided Tor
| them. The ordinance authorising their
election is without any warrant in the acts
of congress, and is entirely void.
The confusion that would result from any
other view is apparent at a glance; for if c ty
officers were TO be elected at the coming
election, their term of Office would be alto
| gether unde6ued, as well as would the I'll
| GERS themselves be without a proper limita-
| ton as respects their duties.
! We are therefore of the opinion that no
/ election for the officers of the city OF New
| Orleans can be held atthe election which is
TO take place on the l7th aud 18th instant.
| -t.r.l.l 1 j. p. SULLIVAN.
| +. w. PERKINS,
Committee.
Mr.. Joubert made minority report, in
which he advanced the osintoD that under
| existing laws there was an uudoubted right
to hold such an eli tction. He spoke quite
warmly IN iayorOf his position, and gave
his reasons ia a terse speech.
Themai0rity report was received, and the
subject postponed until next regular meet