New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-12
cidcations and at prices set down in the fol.


published in the parish of Orleans, etc, and
also all municipal advertisements OF every
description whatsoever of the corporation
of the city of New Orleans, whether the
same may be authorized by law OF the
State, an ordinance of the Common Council,
or by any off Ger or department OF the city
government.
compelled to obey this law, or, IN other
words. whether or not it is constitutional.
look in vain in the constitution OF 1865
for any restriction or prohibition on the
subject Had this constitution contained
the clause to be found in those OF ISL, lo45,
1852 and 1864 there could he no difficulty;
for the rower to apr ONT citg officers, and to
administer the business of the city. was
given bv those instruments to the citizens
of New Orleans, and the Legislature could
not diyest them of the right. Under the
constitution of 1868, however. the city IS
bound in this respect by the legislation OF
the General Assembly. The Legislature
possesses the power even to direct that tne
CITY advertisements be printed in 0A the
Journals of the city, and however we might
question the policy or justice OF the eAer'
else of such power, their CONSTITUTIONS
right would be indubitable.
ssThe conclusion, then, to which nave
been constrained to acome is, that uaoer
existing laws, the printing nIilst be gwen 20
the RFPrRfIcAN. because it has been so de-
creed by the Legislature, body from whose
decision there is no appeal when lts acuon
violates no provision OF the CONSTITUTIONAL
law" ,oo 1910
relative to The litigation OF this question
before the courts, he says:
nThe City Attorney comedies that
defense of the rights Of the city should not
he abandoned lUhiJe there are hopes q
success: but, at the same time, he feels 1t
his duty to sag that it is, perhaps, not less
important to say that it is, perhaps, not less
important that the city should avoid Vexa,
tious and expensive slltlgatlon, ~tes 0'
defense is hopeless" o.,-
In the communication Of the present City
Attorney. of the eighth instant, 10 your
honorable body, relative to TINS same ques-
ton, he says:
ii find, on examining the records OF this
office. that the same question was referred
10 NV predecessor, ana that in an elaborate
opipion. addressed to the Board of Assistant
Aldermen, under date of October L, 1868,
ne gave his opinion affirmatively upon the
question, IN acltich opinion concur.
"Beyond all doubt the courts will declare
the act of the Legislature, approved July
"a, 1865, upon which the republican PRINT
ing Company depends for It's demand. con.
stitutional and binding on the city; and that
the demand of the company for payment for
all municipal advertisements, OF every de-
scription whatsoever, of the corporation OF
the city of New Orleans, whether the same
may be authorized by law OF the State, an
ordinance of the Common Council, or by
any officer or department of the city govern.
ment, must be complied with by the city"
Your committee then addressed commu'
nicatlon to the Controller, requesting MIN 10
make out sta tement OF all the oills pre-
sented by the REP UBLICAN up to the hrst III
staut, which he did, showing the totai
amount to be $685. the correctness VI
these bills has not yet been passed upon oy
the Controller. His communication is ap-
pended 10 this report and MADE part
hereof
In view, therefore, Of putting an end TO a
controversy in which the legal adviser OF the
CITY entertains no hope OF success, your
committee would recommend a concurrence'
on the part of your honorable Dody, In the
Joint resolution in question, on the Hollow
ing conditions:
and other expenses. -,
Q That in lieu of warrants their bills
shall be registered in the Controllers office
to be paid ike other creditors OF the city
and
bility IN any action Tor damages lney may
have in the premises.
All OF which is respectfully submitted,
THOMAS II. SHIELDS,
LOUIS PESS0U.
A resolution originating in this board. OF
which is based the subject Of the above re
port, was received from the Board of Alder
men. so amended as to add the co ndition
contained in the latter portion OF said re
port, as follows:
Res0lyed by the Board of Assistant Alder
men. the Board of Aldermen copcurring
That the City Attorney be and Is hereb
instructed to withdraw and dismiss Tn
appeal in the case of the State OF Loulslan
ex REL the New Orleans Printing Compan.
vs.J. o. Landry, Controller, No. 663 OF tn
docket of the Sixth District Court for tn
parish of Orleans, on the following conan
lions:
That the REALTORS pay al costs OF cour
and other expenses.
2. Tha. in lieu of warrants their bill shal
be registered in the Controllers Office, to b
paid like other creditors of the city:
8. That they release the city from 8
liability in any action for damages they ma
have in the premises.
On motion of Mr.. Walsh, the resolution a
amended by the Board of Aldermen was cor
CURED in, and upon it being SO declared tn
same member moved reconsideration Q
said vote, and further moved to lay on tn
table the motion to reconsider, which latte
motion prevailed.
The following resolution from the Boar
of Aldermen was, on motion Of Mr.. Farrell
concurred in on its first reading:
RESOLVED, That the Board of Commission
ers of the CITY Waterworks be and they ar
hereby authorized and directed to transte
to the Citizens Bank, Fiscal Agent, to
placed to the credit of interest on Water
works bonds, the sum of thirty-four thol
sand eight hundred and thirty'tive dollar
tS34S35), amount interest coupons on sal
bonds, due month of January uitimo, an
the further sum of thirty.three hundred an
thirty-five dollars $3.50, amount OF intel
est coupons previously due and remalnln
unpaid, making a sum total OF thirty egg
thousand one hundred and seventy dolla
(S38 17O), and in the event of said Board
Commissioners being unable from lack
funds to deposit the whole amount aboN
mentioned Immediately, they shall transit
such amounts as may be in their possesslo
and finish said transfer as soon Thereafter
they may be placed in funds.
A motion to suspend the rules place Il
above resolution upon its second readin
was defeated by a vote of seven yeas to ii
nays-two.thirds of the members prese
failing to vote IN the afirmative-Messl
Fish, Kearny, Camp, Staes and Wynn
voting in the negative.
The following communication fro
Thomas L. Maxwell, Sheriff, was received:
SHERIFF's OFFICE
New Orleans, March 8. lo5O
J,ro HAM hero n