New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-26

of them in direct defiance of the abov'
cited provisions of law. They have brough
the city to the verge of bankruptcy. Doe
the law now require their recognition ant
payment, and give to the gross violation
II law The sanction OF legislative approval
\ Soliciting an early reply to the question:
!. propounded, to guide me in the performance
Iof nv official duty in the premises, 1 hav'
the honor to be, very respectfully, you
: obedient servant.
" BENZ. F. FLANDERS,
" Mayor.
NJ OFFICE CITY ATTORNEY.
! n New Orleans. May Is, 1870
| Hon B. L. Flanders, Mayor:
DEAR SiR-ln reply to your esteemed favor
OF the nineteenth instant. have the honor
to say that 1 have carefully examined SEQ
ton forty of the city charter, 10 which you
have directed my attention, and am Of the
opinion that, under that section
l. You have the right to exercise sound
and JudiclCus discretion in the approv4l OF
rejection of the statement of the floating
debt of the city of New Orleans, made by the
| Administrator of Public Accounts. | regard
your right and duty, under that section. as
more than clerical.
2. / do not think the Mayor, in
the exercise of the discretion accorded
| w LIN ny beCtlou loTtJ VI Tic CudTleTs mas
! the right to withhold his approval until the
statement is so final and complete, as 10 EN-.
brace all the matured obligations Of the
| city, at the date Of the passage of the act
! referred to by you. II the statement pre-
| sented, embraces only portion of the
| claims entitled to be classified as a part
| OF the tloating debt. and such claims are
| then properly classified in the report or
| statement Of the Administrator OF Public
ArpnlInta fu+ ,apf r,t, + ~
proved Those creditors who have exer-
csed vigilence III presenting their claims
for settlement, should not be made to wait
the tardy action of other creditors, or the
delay Of the department IL Investigating
other demands.
g. "A full and correct statement
Of all the matured Obligations OF the
city," is evidently All exhibit OF the
entire, not OF a portion, Of the city Obliga-
lions. Notwithstanding this, sound con-
st-uction of section forty of the charter does
not REQ uire that such full and final state
ment should be made before the approval OF
the Mayor can be had. Such Interpretation
would be technical; and would sacrifice the
spirit or the law, and the fitness Of things to
that which l would respectfully suggest is a
mere teChnlCality.
4. The Mayor would be justified in ap-
proving partial statements, FIJI and correct
IL themselves, made t. om time to time
5. warrants, registered certificates. Or
city notes, issued without the authority CT
the Council, and in defiance of express pro-
hI6lt'on OF law, canLot be regarded - as
valid matured oblig ations of the city, and |
| know of no act of the legislature which |
has the effect OF impartlng validity to such |
pretended liabilities.
6. Ii the obligations hereinabove last re- |
ferred to are included in The statement pre-
pared by the Administrator OF Public Ac-
counts. and that statement is attested by |
that officer under oath. and is approved by |
The Mayor and Administrator OF Finance, 1t
g the duty of the Administrator of the
Floating Debt TO issue certificates for the
amount of the debts included ia such state
nent, and to pay the amount of these certi-
icates of Indebtedness to the holder of the
anne, or to his order, out of the bonds or |
he proceeds thereof, according to the pro-
Tlslens of section forty Of the city charter |
The Administrator of tie Fioating Debt is
without the right to go behind the state.
nent. Questions OF expediency. do not
properly appertain to this Office; but
IS you have asked for nv opinion,
do not hesitate to say that it would
lot only be inexpedient, but wrong to en-
race within the statement prepared by the
Administrator of Public Accounts, any war
ants, registered certificates, or city notes
ssued III defiance OF express prohibition Of
tw. | do not. however, wish to be under.
TODD as assuming the position that equit-
Bile obligations on the part of the city,
by evidences of indebtedness, |
ot issued in compliance with the strict
1rmalities of law should be repudiated; On
he contrary, each claim ought prO'nptly to |
g laid before the Council for careful inVes-
lgation. and proper action in the premises. |
wish simply to say that obligations of the
haracter referred to should not, by the
of Public Accounts, the
iayor and Administrator Of Finance. and '
-lthout scrutiny on the part of the
ouncll, be classified as a portion of the
eating debt of the city. {
| have carefully noticed the reference
iade by you to the several acts of the Leg |
iature, passed in 1855 and 1856, and am l
imlliar with the rulings OF the Supreme {
ourt OF this State, also referred to by you. E
hose laws and decisions have doubtless c
cen brought to my attention tor the pur. /
csc OF showing me that many city obliga-
ons have been contracted in violation Of the !
Ipress provisions of law, and for the further
lrpose. doubtless. of laying the foundation |
the question which you have prOpounded
me, and which may be substantially stated n
follows:
Do the provisions of the present charter
nder it obligatory upon the city authori- !.
IS to recognize and provide for the pay
>NAs |
rue the charter as being peremptOru,
e contrary, my opinion is, that it is so far
ON being peremptory that it does not even
stity the Administrator of Public Ac-
UNITS, when preparing hrs statement of the
ating debt, in including in that exhibit OBJ =
cations not contracted by the sanction and :,
CordiDg to the forms Of law.
What the Council may do when that class
obligations is presented for it's consider
ion, will of course depend upon circum-
ance under which the pretended obliga-
N arose, the benefit which the city has T
rived therefrom, aud the power of the
uncii to recognize an equitable indebted r,
ss. contracted in the absence OF a COM n
ance with the provisions of law. O
have the honor to be,
Very respectfully,
GEORGE S. LACEY,
City Attorney.
)n motion Of Mr.. Shaw, the message and n