The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-04

per notsral act, for the performance OF said work.
On motion of Mr.. Farrell the above resolutions
were transmitted to the Board of Aldermen for
concurrence. r
The committee on fire submitted the following
report:
COMMITTEE ON FIRES, CRY HALL,
New Orleans, Feb. 2, 1869.
To the Honorable the Board Of Assistant Aldermen:
Gendenen-Your committee to whom was re-
ferred the communication of the superintendent
Of fire alarm telegraph, in regard to the extension
of the signal wires to the depot of New Orleans
Railroad Company. having examined said extern
sion find it complete and the box in working or
der, and offer the accompanying resolution in re-
gard to the payment for the work. Also, have
to engine houses of Eagle Fire Company No. Z
and Columbia No. S, favorably, and ofer the
accompanying resolutions.
J. S. ATHENS, Chairman.
HUGH MONTGOMERY,
GERALD FARRELL,
ERNEST @. MoRPHY.
The following resolutions accompanying the
above report were unanimously adopted on their
several readings, with the following vote:
Yeas-Messrs. Kearny, Rose, Athens, Walker,
Pemberton, Camp, Montgomery, Grsndpre, Fisher,
Morphy, Pandely, wynne, Farrell and Breen.
Resoloed, That the controller be and he is here
by authorized to warrant the treasurer in favor
of j. K. Mingle, superintendent of fire alarm tele
graph, in the sum of two hundred and sixty-eight
dollars and twenty cents. the same, being Ia pay
ment of expenses incurred in extending the lines
of the fire alarm telegraph to tine depot of the
Orleans railroad on Laharpe street, between
White and GENTLY read.
RESOLVED, That the surveyor be and he is hereby
authorized to have repaired the roofs of the
building and stable and such other repairs as may
be necessary to the premises Of Eagle Steam Fire
Engine Company No. T.; Provided the cost does
not exceed five hundred (s500) dollars.
Resoloed, That the surveyor be and he is here.
by authorized to have repaired the roofs of the
building and stable and such other repairs as may
be necessary to the premises of Columbia Fire En-.
CINE Company No. 5; ProUided the cost does not
exceed five hundred ts5O0) dollars.
On motion of Mr.. Montgomery the above reso-
lutions were transmitted to the Board of Aldermen
for concurrence.
Mr.. Wynne, under q suspension of the rules,
submitted the following resolution, which was,
on motion. referred to the city surveyor:
Resolued, That the surveyor be and he is hereby
requested, with all his force that he has on hand,
to break, level and grade Claiborne canal, from
the east side of Lafayette avenue to Poland street,
said canal being nuisance to the ninth ward.
which. having been adopted on its several read
iDgs, was ordered transmitted to the Board Of
Aldermen for concurrence:
ResolUed, That the city attorney be aud he is
hereby requested to draw up petition to the
Congress OF the United States, to be signed by
the chairmen of both boards and the honorable
mayor OF this city, asking that body to donate
the building known as the United States Mint to
the city of New Orleans, to be used By said city
for the purpose of establishing her courts therein
The special committee to whom was referred
the resolutions relative TO the REHABILITATION of
the markets and the conduct of the mayor in en-
tering into notarial act with the present lessees
submitted the following report:
New ORLEANS, Jan. 80, 1869.
To the Honorable the Board of Assistant Aldermen:
Genne1aeTl-The question at issue is exceedingly
complex, entsiling an indirect examination into
the conduct of several of the officers of the city,
and direct questioning of the legality and force
of their acts. The purchasers of the revenues of
the markets claim to have bought in the full and
honest belief that they would be permitted to pay
their Indebtedness for said purchase in the trea-
sury notes of the city of New Orleans, and would
seem to be candid in their statement when they
bring the fact in proof that on the day and at the
time of sale. under casual questioning, the answer
of the controller induced this belief and, indeed.
we are utterly at loss to know what other answer
he might or should have given. There was no
other money being paid into the treasury, and 1t
was still being ressued in liquidation of the ex-
penses Of the city. Hence the statement of the
controller was fully in accordance with the cir
cumstances, and though the extra-ofiicial acts of
en- officer may have no legal or binding force, in
this case, however they serve to show the spirit
Of the purchase and of the sale; and while we
consider that the mayor has exceeded his execu.
tive duty IN the matter at ISSUE by permitting the
usual form and character Of the contracts to be
altered or amended, he would seem to have been
Influenced by the circumstances surrounding them,
and TO have acted TO some extent after due con.
sideration and under proper legal advice.
1t 10 mistake to suppose that the relative posi-
tons Of the city and the farmers of the markets
are to any extent effected by the insertion of the
words IN city notes on the face of the monthly
promises to pay. For it is generally conceded
that, even though these words had been omitted,
me market contractors would have made tender
IN city notes, and the matter would have been
no nearer settlement than at present; and as
these bare words have no binding force being
merely sequence of the extra-oficial acts of
city officers, the position of the city before the
courts cannot be materially affected. As the
notes became due the city could refuse to accept
city notes; but we are of opinion that this re-
fusal would entail great expensive and possibly
disastrous litigation.
The cues to the city vary greatly in their
nature. The powers OF a municipal government
are delegated, and therefore the manner of exer-
else of these powers are limited by defined and
established bounds. The same sovereign power
which makes the city council its exective agent
ulIects tne manner IN winch II snail perform Its
duties. The city council is permitted to do Ger.
tain things, and as means and resources are
necessary TO this purpose, it is permitted to
raise these means by taxation of property
and collection of certain licenses. As these
taxes and licenses are thus directly dedicated to
public use and service, the city has possibly
never had any right to receive deprecated cur
rency for the same, and can, in all probability re-
fuse to receive it and be sustained by the courts,
should the matter be litigated, and this notwith-
standing the supposed contract stamped upon the
face of the notes. This same theory will hold in
the matter OF the wharves, the revenues of which,
according to the spirit of the law, should not ex.
coed the cost of maintenance. Bat, when we
come to the matter of the markets this rule does
not seem to hold so effectually. The revenues
from these seem to be like those of any other cor
poration, and are the result of proper invest.
ment Of capital and of 81 scessful management.
and the receipts from which might be properly
and legally considered the dues for which city
money is receivable. City money, furthermore, has
never been absolutely repudlated, and though
taxes on real estate and personal property, and
licenses on trades and professions, are collected
through the delegated power ofthe sovereign, and
are specially dedicated to public uses, and NAV
not be set of by any indebtedness of the CITY. a
fact which wei believe is generally conceded, vet.
IN the matter Of the wharves, the rule will prob.
ably not hold, and as long as city money is not abb
az diofa I'd l. L,.&