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


provements), Alfred Shaw (Accounts),
T. Delassize public Buildings), S. c. Emil
(Commerce), Z. W. Pierce (Police), J.
Walton (Finsncel, and Fl. Bonzano (Asse
ments).
Mr.. Bopzano moved to correct the mi
utes of the last meeting by making t
salary of the fifteen assessors appointed
the third section of the ordinance organi
ing the Department of Assessments STAG
instead of $4,000.
The Secretary explained that in the ord
nance as handed to him by the Administr
tors there were two sets of figures write
in pencil; one $1,000, and one s24O0. L
read $4,000, and the section was so passed /
the Council.
Mr.. Walton said his recollection was di
tinct, that the section, as read and passed
fixed the salaries at $1,000.
Mr.. West remarked that the motion t
correct the minutes came too late: since tn
ordinance had been certified and promul
gated. 1t was now the law. 1t was too lat
to correct the minutes; the only way nov
open was to amend the ordinance.
The minutes were approved.
The Floating Debt.
The following message and accompanying
documents were received from the Mayor
MAYORS OFFICE }
New Orleans, May "a. 1870.
ADMINIsTRAToRs-I have the honor TO lay
before you q letter addressed by myself &c
the City Attorney, and his response thereto,
in reference to the Floating Debt.
By the light of the City Attorneys opinion
l shall Immediately consider the lists pre-
pared by the Administrator of Public Ac-
counts. Very respectfully,
BENZ. F. FLANDERS,
Mayor.
MAYoRALTY OF NEW ORLEANS,
City Hall. May 10, l37G.
George S. Lacey. Esq.,. City Attorney:
SIR-Will you please answer in writing
the following questions referring to section
forty OF the city charter, which that section
has suggested:
l. Has the Mayor any discretion or cleo.
ton to approve or not to approve state
ment made and attested by the Administra-
tor Of Public Accounts?
2. If the Mayor has such discretion or
election, would he be justified in withhold
ing his approval Of such statement if it
should not be a "full' and correct" one, or
If it did not contain all the matured obliga-
lions OF the city at the date of the passage
of the act?
8. What would be ''full and correct state.
ment of all the matured obligations of the
city,"
4. Would the Mayor be justified in ap-
proving partial statement. one that did
not contain all the specified, valid, matured
obligations of the city, to wit: "Final iudg-
ments, warrants, registered certificates, and
unredeemed city notes, used as currency"
8. We're warrants, or registered certif-
GATES, or city notes issued by the City Con-
tI0l4er, or by committees of the City Coun-
Gil, without the autho ity of the Council,
and in defiance of the express prohibitions
OF law valid, matured Obligations OF the
city," and if not, does this act OF the Legis-
lature validate them?
8. And II such warrants, registered Ger
tlficates, and city notes were not valid city
4, obligations, and, if this act of the Legislature
has not validated them, can the Admins
TRAITOR of Public Accounts, by placing them
in the statement and the Mayor and Ad-
ministrator OF Finance, by approving"
make them valid and secure their payment;
and if they can, would it be right, or expe-
dent?
An act of the Legislature "to limit
the indebtedness of the city of New Or.
leans" approved March Is, 1856, provides
SECTION l. That it shall not hereafter be |
lawful for the Council of the city of New |
Orleans to authorize any increase of the |
amount OF the present Indebtedness of said !
city.
''SEc. 2. That after The total Indebtedness |
of said city shall have been reduced, under |
the operations OF existing laws, to the |
amount OF twelve millions of dollars, it |
shall not be lawful for The City Council to
authorize any increase of said Indebtedness
beyond the sum herein specified, whether
the said debt be id the form of bonds, loans,
contracts or engagements under any ordi-
nance, resolution or other acts.
''SEC. 3. That from and after the passage
OF this act 10 warrant or order on the Treas
urer Of said city for the payment OF money
shall be Issued by the Controller or any
other officer of the city, unless there be, at
the date OF such warrant or Order sufficient |
funds in the treasury, duty appropriated by
the Council, to pay the same"
The act relative "to works of i'm prove
mems IN New Orleans" approved March
10, 1856, provides
SECTION l. That all public works, ma
terlals or supplies susceptible of being put
under contract, the cost thereof exceeding
i've hundred dollars, shall be sold by the
Controlier at public auction, and given to !
the lowest bidder who shall give adequate
security; provided, that the Controller shall
have the right, at the time of adjudication.
TO refuse such bid or bids as are inudicious
or against the interest of the city,
SEC. ). That the Common Council shall
not have the power to release any con.
tTaCtoI from ~ stfict compliance with the |
conditions ofhls contract, but may grant an |
extension OF time to parties for the COM
pletion of their contracts when. in their
opinion, it may be just and proper, and for
the interest of the city
The city charter act, approved March
20, 1856, section thirty, requires that
mo money shall be paid out of the
treasury unless by an ordinance or resolution |
OF the Common Council And in section
thirty-one, "Tbe Treasurer shall pay on the
warrant of the Controller and by checks
drawn TO order, countersigned by said Con
troller, all claims against the city which the
Common Council may authorize, and in no
case shall the Treasurer pay G,ly claim
schdteUer against the city except in the manner
set fOrth.' Section one hundred and twenty
four further provides, "That the Common
Council shall, once in every twelve months,
before fixing and deciding upon the amount
of taxes TO be assessed for the ensuing year,
cause to be made out s detailed statement,
exhibiting the various iIems of liability aud
expenditure, including the requisite amount
for contingent expenses during said yesr:
and shall cause the same to be published for
at least ten days in the official journal Of tAe
city, and such rate of taxation. not exceed !
ing one dollar and fifty cents on one hundred
dollars OF va!ustion, shall thereafter be fined
and assessed as, together with other reve- |
nues OF the City, may be nee ssary to meet
said estimated llabinties and expenditures. |
The adoption of said detailed statement
shall be considered as the appropriation of |
he amount therein stated for the purposes | ,
therein stated; and no money shall be drawn !
rom the city treasury except the same shall !
nave been previously appropriated for the ;
ID. i J.