The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-12

On motion of Mr.. Farrell the reading of the
minutes of last meeting was dispensed with.
The following message from the mayor was re.
ceived, when ON motion further action was de.
ferred until extmeeting:
STATE OF LOUISIANA
NAYORALTY OF NEw ORLEANS
City Hall, Attn day Of March, 1869.
To the Honorable Cd}nmon Council:
Gentlemen Tie following resolution has been
laid before me
"ResolUed. That the finance committee, with
the approval of The Board of Aldermen. appoint
receivers to collect market revenues during any
vacancy In the lesseeshp of any market, and that
all ordinances on parts OF ordinances In conflict
herewith be REPEALED"
This resoIution in my Judgment, IL vioative of
both the theory and practice of municipal fgov
ernments and destructive of the very principles
which uDderie oar charter. For nothing is clearer
than that instrument separates the executive and
legislative depa; tments as in the national and
State governments, and that while the legislative
branch can provide for the appointment of such
agents as are necessary to aid IN the execution
OF the laws the appointing power should be lefs
to the executive whose duty 1t is to enforce them.
The right OF committee to appoint in real or
supposed contingency or emergency, could be ex-
tended so as 10 make the members thereof execu-
tive officers, and thus we should have the strange
and unprecedented anomaly of the lawmakers
creating themselves executors of the law.
have certainly no desire TO use the power
vested 10 me az the executive other than for the
public good nor do | doubt the ability of any
committee from your honorable boards to appoint
proper persons as receivers of markets. But in
dependent of such objections as have named to
giving the finance, or other committee appointing
power, find an express prohibition In an act Of
the Legislature of 1850 in the following words
Section ii. That no committee of said council
shall ever be vested with power TO appoint TO
Office, and no officer shall be removed from Office
unless by resolution Of the council"
The wisdom of the Legislature of 1850 Is fully
shown in the adoption OF the above as though for
seeing the evident confusion and imposslbiiity Of
b ding the executive responsible for the non-en-
forcement of the laws and ordinances by the ap.
pointment of irresponsible parties.
For the above reasons l am constrained 10 with
hold my signature from the resolution, which re-
specially return to the board in which it
originated.
Very respectfully. etc..
SNo. r. CONWAY. Mayor.
The following Communication from tho mayor
was received:
STATE OF LOUISIANA.
HAYoRALTY OF NEW 0RLEANs,
City Hail, March 9, 1859.
To the Hon Commo Council:
Genaemen-Tl{ Board of Commissioners of the
city Water Works have been for the past seven
months engaged d the arduous duty of adjusting
a settlement betv ben the city and the Commercial
Bank, which has feen brought to an amcable and
satisfactory Temptation, and in connection with
this duty have d{ harged other aud equally as i'm
portant duties. sd as establishing rules and reg
ulatioDs for the mutual protection of the interests
of the city and OF consumers of water. There is
no compensation liked by law for services rem
dered whilst in O her large cities the commission
ers of water as fell as all public works are lilo.
orally compensstid.
In view of the tbove fact, I would respectfully
recommend that committee be appointed by
your honorable btsTd to consider the prOpriety of
an ordinance hXn{g such compensation as 10 your
wisdom you shou y conclude TO be just IN the
premises. I
transmit herewith an interesting and impor.
tant report from he superintendent of the Water
Works and another from the president of the
Board of Commits ioners, both of which are sub.
mitted for such consideration and legislation as
their importance felures.
Very respectfully, ETC.,
JOHN K. CONWAY, Mayor.
The communica lions from the president and su-
perintendent OF lefty works, transmitted by
his honor the major to this board, were read,
but motion to b I've the same incorporated in the
published proceedings declared rejected on a call
of the yeas and nays.
The treasurer's report for the week ending Feb
rusry ~, 1869. shaving receipts s242,OO2 So. ex.
penditures s37 O6d H. balance on hand s429 l60 90,
was referred to ID finance committee.
The following Communication from the city at
torney was received and, on motion, referred 10
the finance comm ttee:
0fFIcE CITY ATTORNEY,
Room No. 49, City Hall.
New Orleans, March g. 1869.
The Honorable the bard of Assistant Aldermen Common
Council New orle4.s
Genaernen-I zig to inform you that the su.
preme Court yesterday decided the case of Aris-
tide Bare vs. the tity in favor of the city. This
suit involved tin TO very valuable lands liz
front of Water slliet, 10 the First District.
Since my last Communication the city has OBJ
tanned favorable jlgments IN the following cases:
Arrowsmifh vs.. he City, Sixth District Court.
ID. Z. Nsndellvd the City, Supreme Court.
W. F. Mead et a.. VS.. the City, Supreme Court.
Fieul vs.. the CHI, Fifth District Court.
In the Fifth Di4rict Court q verdict has been
rendered against the city for $50 600 in the case
OF Belot vs. the Ci1. An appeal is to be taken ia
this case, and | al confident of reversal of at
least part of the Judgment No other judgment
Except in few MINOR claims) has been rendered
against the city.
Respectfully, HENRY j. LEovY,
City Attorney.
The following Communication, also from the
city attorney, was received. and, on motion, re.
ferred to the members of this board representing
the Third District
OFFICE CITY ATTORNEY, J
Room No. 10. City Hall.
New Orleans, March 9, 1852
The Honorable the board of Assistant Aldermen:
Genaemen--I beg to say, in response 70 resolu.
ton irqulring why hartres ard Royal streets have
not been opened tnat suit is still pending to
tain the value OF properly TO be appropriated for
the purpose. The'appraisement OF lots owned by
the cotton prees sud by Mrs. Lawrence was de.
clsred By the Suprsme Court IN be excessive. and
q new assessment ordered. Under this decision
the commissionersalave fled another tableau, but
have made no ma.erial deduction. 1t has been
opposed by severs1 parties besides the city. The
case will probably again go TO the Supreme
Court snd see niprospect of q speedy termina-
ton Of the litigation unless compromises are
effected.
Respectfully, HENRY ]. LEovY,
City Attorney.
The following Communication from the street
commissioner was feferred to the committee on
streets and landings:
sTfSEr COMMISSIONERS OFFIcR,)
Room No. Z, City Hail,
New Orleans, March 9, 1862
To the Honorable BOsd Of Assistant Adsrmea y OF New
Orleans:
GentIemen-J deem it my duty TO inform you
the contracts between the city and John Crowley,
FOR repairing and keeping in repair the paved
streets OF the seventh, eighth and ninth wards
for one year, were placed in my hands duly
authenticated on the 18th day Of February last.
AS Mr.. Jobn Crowley has not yet appeared in nv