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

commit 10 the responsiveness 10 Khich they De-
long and content themselves with We indulgence
OF better hope that his honor, the mayor. may
hereafter be better advised 10 his effurts TO pro-
mote the Interests of the city.
All OF which is respectfully submitted.
VICTOR PRADos, Chairman.
THOMAS Marcy,
LIS. PEssoU
GERALD FARRELL
HUGH MONTGOMERY,
JOHN A. O'BRIEN.
OFFICE OF CRY ATTORNEY,
New Orleans, Jan. s, 1863.
T. p. Fisher, ESQ Chairman Fnsnce Committee:
Dear Sri have before me your communica-
on OF tie 9TH inst. and regret that the necessity
Tor an answer this evening does not give me more
time for the consideration Of the points upon
which my opinion is asked.
L. 10 the contracts were sold before the pass
age OF the resolution forbiddirg the reception of
city money, and as the controller properly stated
the then law on the subject that the city would
receive Its notes for obligations due to it, think
tnat 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. Tie city would not be bound by the state
ment Of the controller, had be stated any fact not
justified by the law, or in any manner calculated
TO change the ordnance; but his statement of
fact not varying the ordinance under aud 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 aud its nser
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 to so direct.
(Signed) Fl. j. LEovY. City Attorney.
MAron's OFFICE,
New Orleans, Jan. 8, 1863.
HenryJ. LeOvy. ESQ. City Attorney;
S6-Plesse give me your advice upon the fol.
lowing points with regard 10 the adjudication of
the markets for the year 1863:
l. AS the adjudication of the markets was made
on the 18th Of December, 1865. and prior to the
introduction OF the ordinance forbiddng the re-
ception of city money after December 81, 1868,
and as the controller stated that the adjudication
was for city money, is or is not the city bound to
receive city money in payment OF the notes to be
given by the several lessees of the markets at
maturity of samel
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, 10
the absence of any instructions from the council
on that point?
8. In case you decide the first interrogatory
against the city. is IL 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 in city
money?
would request an early answer to this commu.
nication, as timely action may avoid serious
htigatons.
Very respectfully,
Your obedient servant,
(Signed) JOHN r. CONWAY, Mayor.
OFFICE CRY ATTORNEY.
New Orleans, January IL, 1863.
Hon John R Conway:
Dear In reference to your note of the 9Th
inst, referring 10 market lessees, beg TO refer
you to my opinion on the subject given to the
finance committee. inclose a copy.
think the mayor can give the necessary ia
sructions the subject TO the city notary, so as
to have incorporated in the notes and contracts
the statement that the notes are payable in city
money.
Respectfully, HENRY J. LEovY,
City Attorney.
Which report was received.
RESOLUTIONS.
Mr.. Brady offered the following:
WHEREAS, Tire sale of the markets for the year
1859 was illegally made, and without the forms and
au hority of law,
Resolred, That the controller be instructed to
resell said markets, after five days notice in the
official journal, and in accordance with the
market ordinance of 1867, No. 794, N. B.; said
sale 10 take effect from and including the 18th day
Of February proximo, not included herein any
market which shall have been paid for 10 full at
that time, and that all ordinances and parts of
dinances in conflict herewith are hereby repealed.
Which was unanimously adopted on each read.
ing, the rules being suspended. Unanimously
ordered to be sent to the lower board for concur.
renee.
Mr.. Shields offered the following:
Resolced, That the treasurer be instructed not
to recognize the notes issued in pursuance of the
socalled sale OF the city markets tor the year
1869.
Which was unanimously adopted on each read.
ing. the rules being waived.
Mr.. Prados absent.
Mr.. Kaiser offered the following:
ResolUed. That the finance committee appoint |
receivers to collect market revenues during any /
vacancy in the lesseeshp of any market and that |
all ordinances or parts of ordinances in conflict
herewith be repealed.
Which was unanimously adopted on each read |
ing, the rules being suspended.
These were also unanimously ordered to be sent |
to the lower board for concurrence.
REPORTS.
The following was received:
CRY HALL, January 20, 1869.
To the Honorable the Board of Aldermen:
Gentleme11-Your committee appointed to pre- |
sent to his excellency, the governor of the State
of Louisiana, 6 resolution requesting him to SUD-
nit to the Legislature the necessity of extending
the time for the payment of licenses beg leave /
to report that they waited on the governor and |
communicated to him your resolution, and that he
promised to give the matter his immediate atten.
ton, and transmit the resolutions to both houses
this day, provided he should deem il necessary.
Your committee beg further to report that q bill
covering the ground was presented 10 the Senate
by the Hon. A. b. Bacon, and that said bill was
referred to committee, with instructions to re.
port Immediately, and your committee is informed
that they will report upon this bill to-day.
Very respectfully
Is. PEssoU,
j.. C. ROSE, onAlrm'n'
THOs. X. BRADY,