The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-29

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that fact became part of the contract, and the
city is bound to receive its notes from the market
contractors, but not before the promissory notes
given by them become due.
2. The city would not be bound by the state
meDt Of the controller, had be stated any fact not
justified by the law, or In any manner calculated
TO change the ordinance; but his statement Of
fact not varying the ordinance under and by vir-
tue Of which he sold, would be binding on the
city.
3. As the conclusion to which / have come in
the two first points is that the city is bound to re-
ceive its notes from the contractors, and its inser
ton is implied IN the contract, do not think the
legal effect of the actual insertion would in any
manner effect the city periodically. and, there
fore, II is within the province of the finance com.
mittee 10 so direct.
(Signed) II. j. LEovY, City Attorney.
MAYORS OFFICE,
New Orleans, Jan. ., 1869.
Henry J. Leoyy, ESQ., City Attorney: lr
Sa'-Piease give me yorr advice upon the fol.
lowing points with regard TO the adjudication Of
the markets for the year 1863:
/. AS the adjudication of the markets was made
on The 18th of December, 1868. and prior to the
introduction OF the ordinance forbidding the re-
ception of city money after December 81, 1865
and as the controller stated that the adjudication
was Tor city noney, is or is not the city bound to
receive city money N payment Of the notes to be
given by the several lessees Of the markets at
maturity of sameg
2. Is the city bound by the statement of the
controller, that city money would be received 10
payment for the leases Of the several markets, in
the absence of any instructions from the council
on that point?
8. In case you decide the first juterrogatory
against the city, Is it not competent for me to
authorize the city notary to acknowledge the legal
obligations of the city by incorporating in the
act and notes that the latter are payable n city
money!
would request an early answer to this commu.
nicaiion, as timely action may avoid serious
Very respectfully,
Your obedient servant,
iSgneo) JOHN Z. CONWAY, Mayor.
OFFICE CITY ATTORNEY. !
New Orleans, January ii, 1863.
Hon John R Conway:
Dear Su--In reference to your note of the 9Th
inst, referring to market lessees, beg to refer
you to my opinion on the subject given to the
finance committee. inclose copy.
think the mayor can give the necessary in
structions on the subject to the city notary, so
to have incorporated IN the notes and contracts
the statement that the notes are payable 10 city
money. 4s
Respectfully, HENRY J. LEovY.
City Attorney.
Hr. Prados commented on the action of the
mayor as he read paragraph by paragraph of
the report. It was suggested by one of the men,
bers that resolution IN accordance with the
views of the committee be offered, and Mr..
Prados then commenced TO write it.
Mr.. Kaiser rose and stated that, in order TO
avoid litigation ne would offer resolution on the
subject, which, from the tenor of his remarks
would 60 TO show that he was in favor Of the
action Of the mayor in signing the contracts and
the money receivable in city money, notwith.
standing the ordinance in opposition thereto.
Nj. Shields did not wish to criminate or sttrib-
ute i'll motives TO any of the parties implicated;
he wished to avoid all and any imputatons on the
conduct of the parties implicated.
Mr.. Prados offered the following resolution
That the present holders Of the markets are here
by authorized to pay in city money the whole
amount of their notes given for the lease of said
markets {; PrOUided That said payment be made
before the 9th day of February, 1863.
ReS0lUed, That if said holders of the markets,
or any other, should make said payment, then
their lease of said markets is hereby ratified but
that If any such holder shall not have made said
payment by said day, the said pretended lease Is
rejected, and the controller is instructed to resell
such market or markets.
motion was made to postpone, but did not
prevail, and the resolution was lost.
The following resolution, prepared by q special
committee, was adopted
WHEREAS, The sale of the markets. for the year
1869, was illegally made, and without the form and
authority of law
Resolred, That the controller be instructed to
sell said markets. after FIVE dave notice in the Off
cial journal, in accordance with the market ord
nance Of ls95 said sale to take effect on and after
The resolution YVES adopted.
Mr.. Pessou, chairman Of the committee appoint.
ed OF the last meeting to wait upon the governor
for the purpose Of having the time extended for
the collection Of the licenses, etc., reported The
report merely stated desire to promote the views
of the council.
A resolution was Offered and adopted instructing
the city treasurer not TO receive any other than
currency for dues due the city.
A resolution was adopted TO change the coec-
tors OF the licenses on pedders etc., In four dis
u'cts, alternately, at the discretion OF the finance
committee.
The committee of conference of both boards, to
readjust the differences in the budget. in relation
to the sum of sl92,0 appropriated for police,
was stricken out and the sum of $3.50 900 appro.
priated for the schools maintained.
resolution 10 adjudicate the contract for col.
leeiiLg the licenses on itinerant peddlers, etc.,
adopted, and the board then adjourned.