The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-13

part of the sea or river on which the city or tow
stands, with any one that dwells or owns propert
| therein.n
Previously the Supreme Court of the Unite
States had decided that the land lying betwee
Front street, in Cincinnati, and the Ohio river, wa
Get apart as common for the use and benefit o
the town, and the fright Of the public to use thi
space must rest on the same principles as that o
using the streets and highways"
In addition to the above decisions call you
! special attention to those of our Suprem
Court, collated in Leovys Digest and Of recen
| date. A few win suffice, viz:
1.-THE municipal authorities are bound TO pre
serve, unobstructed. for public use, the streets
| lie places.n
Again: 1.-THE use of the banks Of the river snt
the bstture outside of the levee is vested in thu
| public"
Again: "Public places within the limits of
corporation cannot be appropriated to private
Again: "The banks of the river are public
property, subject to be used By the public al
large"
In this connection beg to call your attention
also TO the acts of the Legislature of 1880, which
make 1t the duty Of the mayor to remove such
distinctions as may be erected within or on any
and of which the public shall be in actual posses.
sion, In the city Of New Orleans at the expense Of
the person erecting the same.
Should this grant be made Charles Morgan, like
privileges cOulS not REASONABLY De denied the
owner or owners of other lines Of steamships,
steamboats, and sailing vessels fan.ll re
IL requires no prophetic eye to see the results.
The front of the river would be at an early day
crowded with wooden sheds of every conceivable
size and architecture, used as warehouses or
places for the deposit of freight, and the free
use Of the river would no longer exist. Our
wharfipgers could not properly discharge their
duties, repairs OF the wharves would be impeded,
claims set up and litigated, and the great public
debarred from such riparian rights as have be-
longed to them since the foundation Of the
city.
The case of the New York Mail Steamship Com.
pany Is familiar to most, II not ell the members
Of the Common Council. That company erected
certain sheds on the banks of the river in the
Second District, for the special benefit of the
line, and this precedent was followed by the own,
ers of other vessels.
every part OF the banks of the river must oe IN
obstructed and free to citizens and aliens, the
Common Council passed the following joint re.
solution, which was approved the 18th April,
1866: 8EtIW u--
WHEREAS, The municipal authorities are bound
to preserve unobstructed, for public use, the
streets of the city and the banks OF the river,
which are public places, and .,
WHEREAS, Certain steamship and steamboat
companies, and other persons, have lately caused
70 be inclosed certain portions of the banks of
the river, and erected thereon certain buildings,
be II therefore
Resolued, That the city surveyor be and he is
hereby authorized and directed to cause to be
removed Immediately all fences, buildings. etc.,
and other distinctions found on the levee in front
Of the CITY,"
In obedience to this resolution the city surveyor
demolished and removed the buildings erected
BY the New York Mail Steamship Company, and
other similar distractions on the banks of the
river. Highly incensed az this act of public jus.
tice, the company rushed into the United States
court, on the plea that lease of the premises
was made to them by the military authorities of
the city In 1853 for the term of ten years. at the
annual rent of $4,000. and that they had expended
the sum Of $4,000 In the erection of sheds and
other improvements on the demised property.
The case is now on the docket Of the United
States Supreme Court, and James T. Brady and E.
A. VanSickle were retained for the city by Mayor
Monroe, BY authority Of resolution approved
Recently, am informed by the counsel for the
city, that the assignees of the company are anx-
ous to effect compromise on such terms as indi.
cate their hopelessness of obtaining Judgment
against the city In the Supreme Court Of the
Now, should Charles Morgan be granted the
right to erect sheds or buildings on the banks of
The river in contravention Of the decisions of our
,wn Supreme Court and the solemn declaration of
he Common Council of 1866 that it lie the duty of
or the public use said banks the interests of the
lily would In all probability be greatly jeopardized
n the above mentioned suit. The sssignees of the
bankrupt company would not feel justified in
compromise which leaves the city, even should we
gree to 1t, q victorious litigant under circum.
tances at once unusual and extraordinary; for
he company held lease for ten years Of the
property on which they erected their improve.
nents at cost of s65 900, and their notes for an
nnual rent OF $4,000, amounting to $4,000 total,
i1.f a..o =
The assignees ask that the Judgment of $4,000 |
one years rent), in the United states Court be |
eaffirmed agree to cancel their lease, and pay |
he counsel of the city the fee agreed upon be- |
Feen them and Mayor Monroe. In return the as
gnees ask the surrender of the notes of the /
ompany given under the lease for rent and a re-
ase from ell liability in respect thereto. It is
ghly probable that still more advantageous
rms will be offered If the corporate authorities
0 not stultfy themselves by giving Charles Nor
led the aforesaid company.
deem the above objections amply sufficient to |
1thorize the action now taken by me as the ex. |
;utlve Of the city government. No consent of
lew the obstruction of any part of the front of |
e Misslssippi within the corporate limits, for / |
gard II both our policy and duty to preserve
70 levee and the wharves for the free and equal
'e Of the people Of New Orleans and the strang.
8 who visit rs for pleasure or business.
We have no right to donate or ALLEVIATE for mo. |
ent foot OF the public property on the banks |
the river. much less authorize q single nom
sldent capitalist TO cover at his discretion so
rye space as is proposed in the resolution
hich now veto.
Very respectfully, etc.,
JSo. r. CONWAY, Mayor.
Mr.. Pandely, under suspension of the rules,
used to be read memorial Of steamship own
3 and agents, protesting against the action of
Q mayor, which, together with the veto mes
&c, was referred to special committee of
rec, with instructions to confer with the mayor,
d induce, if possible, a reconsideration of his
ton In the matter.
The chair appointed Messrs. Montgomery, Far
u and Pemberton on said committee.
Messrs. Camp, Pemberton, Grandpre and Wal.
z here entered and took their seats.
The treasurer's report for the week ending
'bruaEy 6, 1869, showing receipts for the week,
l0l9 IS; expenditures, s1sl $40 IS; balance
hand, s449, 446 9s; was referred to the finance
mmittee. ...-.. .....f
The following communication from the surveyor
Is read, and, on motion, the petitions referred
therein ordered transmitted to the controller.
be published according to law.
SURVEYORS OFFIoE,)