New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-10

TO the acts OF 4aU.
No question, therefore, can arise Of the
binding force of this bill, unless it be that
the work was evidently performed under
the act of 1869. The clerks had a good and
lawful claim, amounting to q vested right,
against the parties and property in ques-
ton, and the primary obligation Of pay
ment was shifted FROM one class of debtors
to the parish. Whether the parish or city
should not have had some voice in this I'M
portant matter, aud whether city corpora
tons may not have vested rights which are
impaired or invaded by such summary and
wholesale contracting in their behalf, may,
indeed, DE i question. On the other hand,
the Legislature may, perhaps, in the inter
est OF minors, make the whole expenses of
the Probate Court d charge against the par
ish, requiring it TO look to SUGGESTIONS for
reimbursement.
On the whole. | think the allowance of
this account, as far as reported correct and
reasonable, can not be avoided by the city.
therefore otter an ordinance proposing II
settlement o. the matter. which, for more
mature consideration, suggest shall be re-
terred, before passage, to the Mayor and Adj
IninistratOr OF Finance.
An ordinance providing for the settlement
OF the claim of. Hernandez. transferce Of
NJ. O. Tracy, CLERK Of the Second District
Court.
BE it ordained by he Council of the city
OF New Orleans, That the Administrator of
Public Accounts be authorized to settle with
j. Hernandez, transferee of NJ. y. Tracy
Clerk OF the Second District Court, for his
claim for services described in registered
bill No. GO, by the issue OF certificates III
der ordinance 191, Administration series, 10
the amount Of eleven thousand eight hun
drcd and ninety dollars.
ALFRED SHAW Administrators
The ordinance was read twice, AZ re
GUested. and referred to The Mayor and .td-
ministrator Of Finance.
The same disposition, on motion Of Mr.
Shaw, was made Of the report on the claim
OF Mr.. Mccormack. Recorder of Mortgages,
OF tie late City OF Jefferson, presented last
meeting.
The Ciiy's Litigation.
The Mayor laid before the Council the
following report OF the condition Of the law
department Of the city government, pre-
nayed by City Attorney Lacey, and sug-
gested that the repor, should be printed i'll
the proceedings Of the Council for the care
tul consideration OF members.
OfFIcr CIrr AG-rcRSEY.
october 81, lg.o.
To The City Council O. New Orleans:
have the honor Of transmitting herewith
statements made up to the first of the pres,
ent month, showing the title. number, char
acter and condition OF the city causes pend
ing in the several courts of record in this
State erclusire OF tai salts. When | entered
upon the discharge OF my duties as City
Attorney, found the records OF the office
incomplete; and IL has required much time
and no little labor 10 perfect them as to
afford ME the data necessary for Il report:
hence the delay IN thus communicating with
your honorable body.
| trust, hereafter. TO he able 20 present a
quarterly statement, in order that the con-
dition Of the law department of the cify
administration NAV at all times be fully
known and properly appreciated.
The statement speaks for itself; and upon
referring 10 that statement. and at the same
time hearing in mind the heavy draft upon
my time in advising CITY officers III relation
to their official course and duties, You will
at once perceive that it is an imp0ssibility
tor my department fully to discharge it,
duty 10 the city without al increase of pro
tessional assistance.
in addition 10 the City Attorney and the
Assistant City Attorney. there is Il clerk.
whose duty il j. 20 keep the books of the
Office. TO loo,I after the correspondence, and
generally t. have al clerical matters per
tanning TO tho Office promptly attended to;
another clerk, whose time is constantly oc-
cupied as = c0pyist and searching after the
documents Of the Old administrations which
are needed from time TO time i'll the pro
lection o. the city, interests in connection
with her litigation and otherwise, and with
WHICH he IS vcr- familiar; and third party,
who, receiving bllt a clerical salary. has
kindly assisted IL the discharge of profess
Sional duties IN court. These persons, to-
gethcr with the messenger. constitute the
entire force o. M office, a force. ] again re-
peat. totally Inadequate to the full protcc-
ton Of the citv's rights. connected with MY
branch Of the administration.
In my opinion, there should he not only a
City Attorney and an Assistant City Attor-
uey. hut :5co professional assistants. the lat
ter with salaries commensurate with their
responsibilities and duties. Also, Il chief
cicrt, an tSs. slant cleri.. and Il mcsscU ger.
This force. ! thirk, viii he sufficient Tor
the full protection oi -ie city's interests,
independent O. be- rights connected with
tax suits.
The collection q: the city taxes for the
present and past wears has not been en-
trusted 10 thi5 Office, bat almost as many
different methods have been resorted tt for
such collection * chere are tax lists 10 be
collected.
The absence q d settled vstem to enforce
the payment Oh taxes is greatly injurious 10
the city, as is evidenced by the lone delay in
the collection Of many judgments. the want.
in very many instances, of n registry of iudg
meuts. the improper record OF other judy
mcnts. which are constantly being erased
upon the application of parties Interested.
at a heavy expense 10 the city, and unneceS
Sarr bills % costs, swelling up into hum
dre9s or dollars; Ill Of which might be
avoided j: it We're made the duty
Of this Office to look after these
matters, and adequate assistance for
that purpose Afforded. Although the
required labor would prove II great :ld-
dition 10 tho ordinary work of this depart
1Lent ! am content 10 assume the respOnsi-
bility Of the position, and take charge-of all
interests of the city connected with her tax
suits, i your honorable body, in addition to
the professional assistants hereinab0ye re-
terred to, viii authorize nie 10 appoint Il
person, learned in tie law, whose duty it
will be- l,5lGsr mar dirrctioU. to systematic
all legal matters Connected with the taxes
OF the city, and 20 place she same il a coDdi-
ton to secure a prompt and easy collection.
| desire, in connection with the subject
matter Of inns communication. III cal the
attention Of TO7lr honorable body 10 certain
important suits row pending between the
city Of Now o. leans AMI Charles Morgan
the PcntchGrtraip Railroad Company, 40
the New Orleans, Mobile and Chattanooga
Railroad Company. In these suits, gen
orally known IS the G.-ttugc eases, are IN
v0lycd intricate questions Of law Of moment
Gus importance u lie citizens OF New Or
leans, and ] think may sally add, pecu-
MARY interests Of the city, iaVOlVin. hum
dreds Of thousands OF dollars; and although
do not desire 10 -htTk labor. nor do / fear