The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-26

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was not aware Of that fact" whsreupon Mr.. Je
rome called for the drinks, and Johnny's ignor-
ance of his distinguished guests was fully 'liqui
dated.r After q short time spent on the gallery
Mr.. Thompsons distinguished visitors took their
| departure for the lake.
That was very agreeable hour that we spent
| yesterday at the Boys High School. The occs-
| sion was an afternoons exercise in composition
| reading to which we were kindly invited by Mr..
W. o. Rogers, superintendent OF the public
schools Of the city. The compositions were sll
| upon one subject and that most suggestive one,
Ladders The young gentlemen treated 1t
vsriously as their various minds suggested, and
some Of them treated 1t excellently. Special
| praise was due, we think, to the production Of
Master Adams, in which he displayed a Judgment,
adorned with rich imagination. that speaks well
for his future should he continue faithful to ters-
| ture. The essays of Masters Coleman and Nc
Lean were also particularly meritorious, the
former from its beauty of language, the latter
| from its spiciness. A critique upon the various
compositions by Master Schroeder closed the
| exercises. There were some half dozen gentle
men present, amongst whom we noticed that good
friend of education, Mr.. Ssntini. who had assem-
bled to listen to their compositions and who evil
IDENTIFY enjoyed them greatly. We acknowledge
ourself indebted to the pupils of the school for
pleasant hour, and promise ourself an early repe
tition Of the visit.
Msvor Conway. the Gired Fond aud Com
men Couneil-Letter from Mr.. Kozisr.
The New Orleans CRESCENT in its issue of the
Gath inst, contains most erroneous views on the
subject now pending before the Common Coun-
Gil, relative to the action of Mayor Conway with
regard tosthe disposition of the Girod Fund and
the petition of the French citizens. We proceed
to perform the easy task Of refuting them, beyond
cavil or doubt and to lay bare the indefensible
conduct of the mayor in pertinaciousy resorting
10 extraordinary means to defeat the just demand
Of the benefoiaries of the fund.
1t is universally known that the French citizens
of New Orleans upwards of a month ago petit
toned the Common Council to instruct the mayor
to take an appeal from a Judgment rendered by
the Sixth District Court, whereby he was ordered
in the mandamus case Of Samuel johnson to exc
ecute the building contract entered into between
the latter and Mayor Monroe, on the 18th of Feb
ruary, 1867.
sive appeal by the French citizens, offering to
furnish the required bond, employ counsel, ad-
vance costs and to do all other things needful.
The only pretence for refusal to this was that
suspensive appeal might give rise to an action for
damages on the part of the builder against himself
and the city. Fooled in this, they made the ready
suggestion that devolutive appeal could be
taken. This was met by a fiat denial. Finding
themselves bsfHed, the French Society asked for
an appeal, being joined by Mr.. Joseph Girod.
Both the lower court and Supreme Court refused
to entertain the granting an appeal. on the mere
technical ground that these petitioners were with.
out pecuniary interest in the question. The mayor
IS constitutional matter of right is entitled to
the appeal. which he studiously avoids taking.
The French citizens were thus forced to memo.
rialize the Common Council, to require the mayor
TO take the appeal and for redress. The two
boards, upwards Of two weeks ago, passed a CON-
mon resolution, requesting the mayor to commu.
nicate the reasons why the memorial asking him
70 take an appeal should not be granted and also
to give information as 10 the state of the fund.
Il could be readily supposed that the mayor,
with alacrty, would have taken the appeal, as re-
quested by the benefclaries of the fund and who
alone are interested in this bequest to the Orphans
but instead of this, he throws obstacles in the way
by convoking in his Official par o. members Of
LLe boards and ON the heel of this, a resolution
is introduced In one of the boards asking that the
resolution of inquiry be Tescinded and be has ne.
elected 10 send IN the expected communication,
TO say the least of 1t not very decorous to the city
fl thers.
Toe matter lies in a mt shell. If the mayor has
SO I'd reasons to thwsrt the French orphans, it is
passing strange that he does not condescend to
enlighten the representatives Of the people. The
cause of the orphan is a sacred one respect for
religion and humanity Is not to be laid aside.
In the johnson mandamus case Mayor Conway
was specially asked on oath why he did not exc.
cute the Girod Asylum building contract? In his
own words, he answered, "The site selected by
Mr.. Monroe was q bad one, and In violation of
the will of the testatornl Now. why not appeal,
independent of the wishes of the French citizens
or Common Council Is not his solemn assevera-
ton binding on him?
Besides, the Judge Of the Sixth District Court
ruled that the question whether Girod intended
the fund bequeathed, should be under the control
of the City Council or under that of the mayor, Is
not without difficulty in its solution. He, how
ever. came to the conclusion that Girod could
provide that the mayor should superintend the
construction Of the asylum. and no further did he
go; he considered that the question had never
been settled, either in the Fink case nor in the
Girod VS.. Crossman suit by the Supreme Court
In a question Of such vital moment, can the
matter be left to doubt and should not the appel
late tribunal be called on to make a finaiity Of
this vexed question? Must we remind the mayor
thath own witnesses, honorable, experienced and
well known citizens, Messrs. Surgi, D'Hemecourt
and others testified in the suit that the square
on which the building is about to be erected is on
the verge or sloping side of the Metairie Ridge,
towards the swsmps, one-third Of the area is SUBJ
ject to overflow from the tide water of the lake
back of the grave yard, one hundred yards from
the rear of the square, Ia swamp-must be IN
healthy, because it touches swsmps; must remain
so until drsined there il road to the place; 1t
would cost about 5000 TO make one.
Comment is unnecessary. The money is thus
recklessly thrown away. The intention Of Girod
will be frustrated, as sworn to by Mayor Conway,
the funds in his hands are insufficient, and bare
unfinished walls without roof will be the result.
Judge Cooley observes. In his reasons for judy
ment, that the defense was, first, as to the form
of the suit, but which, having been abandoned,
he says, released him from the most laborious
part of the case. The mayor did not even file q
plea as TO the Jurisdiction of the court. The pro-
bate court alone had jurisdiction Of the matter
arising out Of the execution of the will of Girod.
An appeal then is imperatively demanded. The
cause Of the orphan should not be contemaed.
Let public opinion make itself felt In defense of
the poor and helpless.
FRENCH CITIZENS kRxoRIALIsr.
Elk PRESIDENT JOHNSON IN VRGIsIA.--A COM
mittee of students from the University Of Virginia