New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-12
NEW ORLEANS REPUBLICAN, SATURDAY
ing to specifications from the Finance Com

ing to specifications from the Finance Com
mittee.
The trouble, confusion and loss, that has
resulted from the adoption of this resoiu'
ton. furnishes q sufficient commentary
upon that character of legislation which de-
ponds for its effect, character and range
upon specifications made, or to De maze Dy
officers, or committees, and not before the
Council at the time vote is taken.
The resolution as submitted to, anu sdop-
ted by the Common Council, was apparent.
ly harmless. A fair construction OF the text
OF the resolution would seem to indicate
that the Council intended simply to cause TO
be adjudicated contract for the COLLECTION
of the license tax on the persons,
trades of occupation named IN
the resolution, to some person VINO
would contract to collect the revenue and
pay the same into the city treasury for the
smallest commission or percentage on the
an,ount collected. It is safe presumptlo!n,
that, if majority OF the Common Couuo''
had supposed, when wong on me reso,u.ron'
that it contemplated sale OF NV . .Ssr thon
or that it in any manner related to o..'e1 .uan
the taxes of the year 1869, the resolu.- "u
would have been defeated. The resolution,
unfortunately, referred to specifications
from the Finance Committee " as governing
the terms OF the proposed adjudication.
1 am unable to find in the City Hall
either the original specifications or any re-
cord of the adoption of any specifications BY
the Finance Committee, and if the speclh-
cations referred to, and authorized BY this
singular resolution were in existence at the
date of its adoption, l am unable to find any
evidence of the fact.
The only evidence OF the specifications
in question is the copy transmitted from
the Finance Committee to the Controller
on the fifteenth day of February, 1869, six
days after the date of the approval of the
cations are dated February Is, 1869,
therefore it Is safe to presume that at
the date of the introduction and adoption Of
this resolution, depending as it did for its
effect upon specifications" no "specifca-
tons" had been adopted, and that the Com.
mon Council had no knowledge of the range
| intended to be given to their legislation.
olution by the Common Council, and six
days after its approval by the Mayor, the
following specifications were transmitted 10
the Controller:
No % City Hail,
New Orleans, February Is. 1857
SPECIFICATIONS.
The contractor shall be subrogsted to all
the rights of the city of New Orleans, in
commencing from the date of the contract,
upon the following named professions, viz:
l.. Iunerant merchants, or persons non.
residents OF the city, who sell by sample or
otherwise.
2. Pedders, hawkers and dealers in jew
elry, and imitation jewelry, who sell upon
| the streets or public highways, or in any Of
the markets.
3. Street musicians.
The bids will be understood to have no
reference to licenses taken out before the
first of March on the above named calEng5.
The blank licenses are to be printed at the
expense of the contractor, IN the form pre-
scribed by the Controller, and each license
| shall De signed by the Controller, and coun-
tersigned by the contractor.
The contractor shall give bpnd and Sc
curly to the satisfaction of the Assistant
City Attorney, to hold the city harmless
from any calm Of said Assistant City Attor-
ney for commissions on the aforesaid
licenses ana also for the faithful compliance
with the other terms Of the contract.
The contractor shall, upon the approval
of the adjudication by the Council and when
entering into contract before the City Notary,
furnish his own notes, Endorsed to the salts
faction OF the Finance Committee, for the
full amount of the adjudication, divided as
follows, viz: Oae-fourth at three months.
one fourth at six months, one-fourth at
nine months, and Cne-fourth at twelve
months.
The contractor shall bind himself to re.
port monthly to the Controller the
amount OF licenses issued, and, at the ex.
piration of his contract, return to said Off
Ger all blank iiCen ses on hand on that day,
with detailed statement of the licenses
issued during the year upon each and every
calling, etc.
In all suits for licenses, the contractor
!, Ill Ind;
commissions OF the Assistant City Attorney.
A failure to pay the notes shall work a
forfeiture of the contract, and the whole
amount of the penalty prescribed in the
bond
1t will be seen that the specifications"
entirely change the character of the resolu.
ton and adjudication. and, if considered as
governing the resolution. contemplate
sale OF the revenues in question, rather than
the sale of a contract for the collection Of
licenses.
The contractor is to be ''subrogated to all
the rights of the city of New Orleans in and
for the collection of licenses, fer one gear
from the doe of the completion of the
contract upon the trades and professions
named in the specifications"
After due publication, the contract was
adjudicated, On the twentieth day of Feb
ruary, 1869, to F. B. Hernandez, for the
sum Of four thousand seven hundred and
fifty dollars, with G. W. Walden as security.
The Common Council, by resolution No.
1856, new series, approved March 20, 1869, ap-
proved the adjudication, and authorized the
Mayor to enter into notarial act in behalf
Of the city with Hernandez.
On the twenty-seventh day of March, A. D.
1859, notarial act was passed, which, by
terms, conveyed to Hernandez all moneys
due the city for licenses.
81. Itinerant merchants, or persons non
residents Of the city, who sell oy sample or
otherwise.
jeweiry ami imitation jewelrv, who sell upon
the streets. public highways, or markets.
80. Street musicians"
For the period of one year from the
twenty seventh Of March, 1869, in cOnsidera.
ton of four promissory notes for eleven
hundred and eighty seven dollars and fifty
cents each, endorsed by G. W. Walden, due,
respectively, three, six, nine and twelve
months from the twenty-seventh Of March,
1869; the last note, payable on the twenty
seventh of March, 1870, Is not due.
The effect OF this contract as claimed
by Hernandez, is to convey to him
all the revenues from the above stated
sources, not only for the year 1869, but for
the year 1870, up to the twenty-seventh of
March. The practical effect of this con-
struction is to- give to Hernandez, under a
contract for one year, the revenues for taCo
gears, for the sum of $4750, as by vigorous
collection during that portion of 1870, be-
tween the first of January and the twenty
seventh of March, it is in the power of
Hernandez to issue full one year licenses to
the entire class falling under his contract,
and thereby render the revenue from that
source for the balance of the year of little
value to the city. Certainly the Common
Council never contemplated any such result
from resolution No. 1868, yet by those in