New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-08


accepted:
New Orleans. February Is. 1870 {
20 the Honorable Speaker and Members of the
House of Representatives:
Your Committee on Ways and Means
have considered House bill No. So. "An act
to provide for and determine the valuation
OF the property of all railroad companies
within the state of Louisiana" and they
recommend its passage.
Also. Senate bill No. l73, "An act to ex-
empt from taxation the New Orleans Metho-
dist Depository" and they recommend that
the House concur in the same.
W. j.. kCMILLEN, Chairman.
House bill No IS, ordered to be en-
crossed and placed on the calendar for its
third reading.
Senate bill No. 173 placed on the
calendar for its third reading.
The Committee on Railroads, through
its chairman, submitted the following
report, which was received and accepted:
ConH1rrEx ROOFS
Honss Of Representatives :
New Orleans, La. February q, 1870
70 the Honorable Speaker and Members of tins
House OF Representatives:
GBNTLHMEN-Your Committee on Rail-
roads have had under consideration, by
your order, Ronse bill No 223, entitled an
act to authorize any railway company In
corporatsd under the laws OF the State OF
Louisiana to purchase or acquire the charter,
grants, privileges, right OF way. road bed.
road property and eff. cts of certain railroad
company or companies having An uncOn-
structed or incomplete railroad running in
this State, beg leave 10 report hvorably by
substitute. Il. II. ISABELLE.
Chairman.
Mr.. Wilt, of Orleans, moved to dis
pense with reading of the substitute, and
that the substitute be printed.
Carried.
REPORTS OF SPECIAL COMMITTEE.
The Special Committee on Sugar Sheds,
through its chairman, submitted the
following report, which was received and
accepted:
HOUSE OF RHPREsXNTAT1vEs }
state Of Louisiana.
March 3 1910 }
10 the Honorable Speaker and Members of the
House CT Representatives:
Your special committe to inquire into the
legality and policy of the City ordinance to
provide for the shelter of sugar and mO.
lasses, received at the port Of New Orleans,
beg leave to report that they have examined,
with attention, the ordinance of. the City
Council referred to in the resolution, and
find 1t imports, when accepted, contract
valid in form between the city and Francis
B. Fleitas.
This contract, if the city had the power
to make il, confers upon Mr.. Fieitas vested
right, protected by the constitution Of the
United States, which forbIds any State from
impairing the obligation. of contract.
The only question, therefore, that can
arise is IS to the power of the city to
make the contract The city has been
vested by the laws Of the State with the gen.
erai administration of the public uses OF
the batture and levees, and a'so with the
police Of the port. Partial exceptions to
this general rule have been at various times
enacted by the State, but none, so far as we
have been enabled to find, relating to the
particular locality in question. or to the
subject embraced in the ordinance.
The State having thus intrusted these
subjects to the city as its agent or substl
tute, can not repudiate or annul the legal
contracts made by the city before the above
authority was revoked. All the powers o.
the State in reference to this subject have
been thus legally exercised by the city.
1t is only, therefore, necessary 20 In
quire whether the State or city had the
power to make the contract with Mr
Fleitas.
By the said ordinance Mr. d5i,al Fieits
s Among tnen he is to pay
to the city ten per cent OF gros
charges made on sugar stored in the sheds
He is to build extensive and very costly
sheds, which are to be surrendered to th'
city at the end of twenty. years, upoI
the payment to him of one half Of their ap
praised value. He is further to give bond il
the sum of fifty Thousand dollars for thu
faithful performance OF his contract.
It is further provided by the ordinance
there shall be IA space between the shed
to be erected and the wharves OF one hun
dred and fifty feet. The undlsturbed use O
this belongs to the public, and no person i
compelled by the ordinance to use the sheds
on the contrary, they can store their suga
and molasses wherever they please, withou
being subjected to any charge, burden, o
Inconvenience from the rights granted t.
Fleitas by the city. In consideration o
these advantages, the city grants to him tn
right TO Use portion of the batture and t
erect thereon his sheds. with the privlleg
of requiring a very moderate and reason
able storage upon such sugar and molasse
as may be voluntarily stored in hi
sheds. No exclusive right to the land
ing is given to Fleitas on the contra
~, ample space is reserved for the landln
and removing all the sugar and molasse
that may be received at the port. Unde
these circumstances we do not perceive ho'
any obligations can be, on legal ground:
made to the exercise of the power OF th
city in the enactment OF the ordinance
question. The public can still have the us
of the landing without serious detrimen1
The power of city corporations to allO'
companies the exclusive right to run rail
roads on the public streets, has been gram
ed by all the great cities in the world, an
the legality OF such grants have been inform
ally sustained by the courts, subject only t
this qualification, that thereby the use {
the public be not destroyed. 1t is nc
sufficient for the annulment of sue
grants that some portion of the put
lie may experience slight Inconvenience
The railroads are themselves public COL
venience, and individual must yield to gen
eral convenience. This Is question of al
ministration, Of which the legal guardians
public rights are peculiarly the most apprt
pirate judges, and courts OF justice will NJ
willingly interfere with them. This Is til
doctrine laid down by the Supreme Court {
Louisiana in the case Municipality No.
vs.. Pease q A. P. 53S). In this case, in re
erence to another point, the Supreme Cour
through their organ, Chief Justice Eusti
say: "We consider it competent for ID
Legislature to authorize the receipt
wharfage as compensation or remuneratiO
for keeping the bank of the river in such
condition AS to insure the speedy and exp
ditious shipment and landing of merchal
disc and produce by the construction OF sp
cious and convenient levees and quays suit
able for mart like this, and for protectin
wharves with the necessary apendants ma
chinery.n The principle thus announce
would seem to cover every poselb
objection in legal point
view. But even If the ordinance
question had not already assumed the torl
h. NJ, .op u al 7.