New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-18

The roll was called.
Present: Administrators j. r. West (Im
provements) Alfred Shaw tAccounts), L
T. Delassize Public Buildings), S. c. Emley
(Commerce). E. w. Pierce tPolice), J. S
Walton (Finance), and H. Bonzano Assess
ments).
The minutes of the last meeting were
amended in respect to the reference of &
number of accounts which had been erro
neously referred to the Mayor.
Demonstrations from the Mayor.
NAYoaALTY OF NEW ORLEANS. }
August Is, 1870.
ADMINIsTRATORs-On the subject OF
the communication of Mrs. Myra CLARK
Gaines, submitting claim upon the
city amounting to four millions nine
hundred and ninety-six thousand anG
thirty-nine dollars and thirty-two cents
1885, 39 32), exclusive of law costs, and
proposing to compromise with the city fol-
that claim, l have the honor briefly to re
port, that Immediately after the communi
cation was referred to me, l called upon the
City Attorney for information in regard to
the claim. He transmitted my request to
Messrs Taylor & Mcconnell. special attOr-
neys Of the city appointed to conduct the
litigation in regard to the Mrs. Gaines mat
ter.
Mr.. Mcconnell replied in a communica-
ton Submitted herewith from which it
will be seen that he expresses great conf
dence in being ultimately able to defeat the
claim, but suggests that to avoid litigation
and the risks to which even the best of
causes are liable in the uncertainties of law,
it would not be improper for the city to pur-
chase peace and quiet and the titles of its
yendees by paying to Mrs. Gaines the
n. r l..
in dispute. This amount would not exceed
hundred and fifty thousand dollars
In considering the propriety of recon-
mending to the Council such an offer, first
obtained from the Office of the Recorder of
Mortgages statement of the mortgages
resting on the property claimed, and find
them to- be as follows:
General mortgage to Caleb
Cushing, of Massachusetts. on
estate. .................... s25, 900 90
Special mortgage to James w.
White, RhOda G. White and
John Mack, of New York city. 10000 90
Special mortgage to James E. Mott,
of New York. ..................l2 O, 900 90
Judgment Anne <. Chapman. $50. l,66l 90
Judgment H. c. Cady. ........... 5000 90
Total. Isl, SOL 20
even if the city paid her the purchase money
actually received with interest to date.
have therefore considered it unnecessary
to make even proposition of this kind: nor
do deem it advisable or expedient to re-
commend any increase on the amount sug-
gested by Mr.. Mcconnell in the present as
pc ct Of the case.
Annexed will be found the opinion of the
special attorneys.
Ul,;r dow hova rooa;vad from, Nv,
Gaines letter. which l also append, with
drawing her proposition of compromise.
BENJAMIN +. FLANDERS,
Mayor.
The communication of Mr. Mcconnell,
above referred to is as follows:
New ORLEANS, July 81, 1870
Hon. George S. Lacy, City Attorney:
Your communication of the twelfth in
slant, addressed to the Hon. Miles Tay-
lor and myself as special counsel in the
Gaines case, reached my Office during my
absence from the city, or it would have
been answered earlier. l have carefully
considered it, together with the accOmpa-
nying exhibit submitted to the Council by
Mrs. Gaines, from which it appears that she
now claims that the city of New Orleans is
liable to her in the sum of S4,996,039 80, ex-
elusive of $2l8l 81, costs of suit.
have to request that you would favor me
with copies of these papers, in order that
may transmit them to him for bis consider
alton and reply.
Meantime knowing that his views in gen.
eral accord with my own, will endeavor
to answer the questions contained in your
letter.
l. You inquire, "What is the result of the
decree lately entered in the United States
Circuit Court in favor of Mrs. Gaines, and
against the city,"
That decree settles definitely what prop
erty, and what property only, Mrs. Gaines
can recover from the tity. This consists of
five vacant squares of ground near the
Bayou st. John, upon one of which the
draining machine, at foot of Orleans street,
is located.
Next, the decree directs that an account
be taken by United States Commissioner j.
b. Weller. First, of the yearly rents and
profits of these five vacant squares; second,
Of the mesne profits of that portion of the
land purchased from E. Blame during the
period it was in the possession of the city
that is to say, from twenty-sixth of Septem-
Der, 1884, the date of purchase, to the date
of the sales by the city, which was some
ten or twelve years subsequently. In order
will quote from the opinion and decree
itself, as rendered by Judge Bradley:
"As to the city of New Orleans, the only
property to be mentioned in the decree and
for which decree of possession is to be en-
tered is that shown to be claimed by the
city at the time Of the fling of this suit, as
shown by the answers of the Mayor of the
city to the heterogeneous to be claimed
and owned by the city, to wit. the follow
ing: The square comprised between ST.
Peter street, Hagan avenue, Orleans street
and Lake road, as shown on said sketch,
and on which the draining machine for
draining the city is located also four other
squares, comprised between Dupre, Salcedo.
ST. Ann and st. Peter streets.
''That said defendant do account to the
said complainant for the rents and profits
of said portions of said tract of land so ST.
dered to be surrendered and delivered by
it to said complainant, and this court doth
further order, adjudge and decree that an
account be taken by j. b. Weller, master in
,chancery of this court, of the yearly rents
and profits of the said portion OF said land
now held as aforesaid, by the defendant,
the city of New Orleans, from the time
when the said land came into possession OF
said defendant, on twenty-sixth September,
1884; and of all other portion or portions OF
said tract of land set forth in the answer of
defendant and exhibits thereunto annexed,
from the twenty-sixth September, 1884. to
/ the days and dates when the said defend
ant. the city of New Orleans, sold or dis
posedQf the same to other parties, and re
port the same to this court, said account to
be made according to the laws OF the State
of Louisiana
Thus it is sean that the city lososes five
vacant squares of ground.
Now, as to tSe mesne profits or rents, in
my opinion, tide city will not under this
decree be held liable for anything whatever.
l. Because the city has never received
any RENTS : And ;s 70 oo.n,,p+