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

| suggested IN my note 70 LIS Aunihlou. "oUA
of the Department of Waterworks and Pubic
Buildings in reply to his letter relative tt
McNeil's contract.
But learn now, for the first time, that
| an attempt was made to ratify these agree
! ments By the report before me. find that
motion was made with that object; but II
appears 10 have never been adopted. The
verbal statement OF the Secretary OF the
late Jefferson City Council that about i've
days after the motion had been orally made
he embodi d it into the minutes, at the re
quest of Alderman Caulkins, can not out
weigh mis- more solemn declarations In his
journal, if he means to say that the facts are
different from his record. If the journal
shows that the resolution OF ratlhcatlon
was adopted, still the objection remains that
the contracts were awarded without adver-
tisement and legal adjudication. All that
had been previously done was without legal
authority; and.I do not think that in q
single resolution, covering 80 many inter-
ests and relatibg to important agreements
with SO many different persons, the Council
could thus bind the corporation.
The resolution authorizing warrant in
favor of G. G. Fisk, appears in the report,
but l do not know whether or not this is
also referred to US.
| wrote to the Administrator Of Public
Accounts some days ago, on the subject of
J. Benjamin Chsndler's contract, eXempting
his ten squares of ground from taxation for
ten years, saying that, in my opinion, the
City Council HAD no right to exempt any one
mans property from taxation more
| than anothes s. The constitution particu~
| larly mentions what property may be ex-
| empted from taxation. No other can be !;
for the affirmation is pregnant with the ne
| gative. Taxation shall be equal and uni
| form. If Mr.. Chambers park, (Which. by
| the terms of the ordinance, is to be free to
| 1n o PM nj
as said Chandler may require), is to be ex-
empt from the burden Of the city govern
| meht, why should not the theatres, race
| courses, and every other place Of public
| amusement? Would taxation be equal and
uniform" if the Metarie race course should
| be taxed, and this Park" which is to in.
clude q race course, be exempt?
AS TO the provision of the ordinance that
the city shall have the privilege of buying
at TIE end of the ten years, ii is only neces-
sary to observe that she must then pay
whatever the property shall then be ap-
praised to be worth. This s not such an
advantage to the city as to constitute legal
consideration fer giving up the right TO re-
ceceiye licenses and taxes on the properly
for ten years.
Since writing the opinion above men,
toned, l have been informed that the
streets named in the ordinance, and which
Chandler was authorized to inclose with his
ten or twelve squares. have never been
opened to public use. If so, it may be true
that the ordinance and contract are not
subject to the objection that they seek TO
convert puolic property to private use;
but there the further objection arises. that
the city has no right to give away, without
consideration, the privileges Of opening
those streets at any time within the ten
years, should the public interests require it
M objection quite as fatal to the ordinance as
the former one.
Certainly, the Council of Jefferson City had
no more right to give away the privileges of
the people composing the corporation than
they had to vote away money for any pur-
pose other than such as the law authorized.
I consider that all the contracts mentioned
IN the report, as therein described, are
illegal
Respectfully. yours. etc,
RUFUS NAPLES.
Assistant City Attorney.
The report above alluded to, addressed to
Administrator Shaw, was read as follows:
NEW ORLEANS, May ii, 1870.
Honorable Alfred Shaw, Adm nistrator:
SIR-The ordinance OF the late city of JET |
ferson, 'TO permit j. Benjamin Chandler to |
open park of grounds in the city of Jeffer- |
son. and for other purposes" and the con- |
tract made pursuant thereto with Chandler, |
are clearly Illegal and void, because
l. The Council had no right to exempt |
eight squares of ground from taxation for |
ten years. The eight squares are private
property. and the park is not devoted to ,
public use by the terms of either the ordi-
nance or the contract, but is for the exclu-
sive benefit of Chandler and his associates,
10 one being permitted to enter without
paying such charge for admission to said |
park as shall be fixed by said Chandler"
The Council might as plausibly have ex-
empted halt the property of the city from
taxation, and put the whole burden OF the
city government on the other half. Taxa.
ton mus. be equal and uniform.
F. 2. The ordinance authorizes and requires
Chandler to enclose the eight squares in |
Que park, including the intervening streets.
These streets are public property, and this
attempt to convert them to private Use is
illegal and void.
II is useless to enumerate other grounds. |
Is these are deemed sufficient.
Respectfully, your obedient servant.
RUFUS NAPLES,
Assistant City Attorney. i
The ordinance upon which the above re-
ports were founded, was as follows:
An ordinance to permit j. Benjamin Chand.
Ter to open park of grounds in the city
OF Jefferson, and for other purposes.
SECTION l. Be it ordained by the Common
Council OF the City Of jefferson, That J.
3enjamin Chandler be and is hereby author
zed to open park on grounds bounded by
st. Denis, Claiborne, General TayiO or and
Milan streets. for and during the period of
EN- years, upon the conditions as follows, to
Wit: Said Chandler to enclose Marengo and
he cross streets from st. Denis street to
Claiborne street, and from General TAYLOR
% Milan street.
SEC. 2. Be it further ordained, That said
Chandler, at the expiration Of ten years,
'hali pave or cause to be paved, at his ex-
1ense, Marengo street through the whole ex.
ent OF said park, in the same manner and
With like material as the said Marengo street
nay be paved with at the expiration of the
ERIN of ten years, and further to make and
keep open the bitches On the north side of
It. Denis street and from Milan to General
Taylor, and on the east side of Milan street
rom st. Denis to Claiborne.
SEC. 3. Be it further ordained. That
he squares Or lots embraced in the limits
If the above named streets, according to a
'Ian drawn by R. W. Todd, City Surveyor,
md deposited in the Office of the City Sur
'eyor, be and the same are hereby exempt
ID from taxation by the city Of jeff rson
turing the term OF ten years, and tnat no
ee tor license to keep SAID park shall be
SEC. A. Be it further ordained, That |
aid Chandler, in consideration of the
Dove, shall make or cause to be made q |
ark or play ground for the purpose of I
such as base ball, cricket. cro-
Iuet, race course, thespian, aquatic, pic
lIcs, concerts, promenades, etc, free to all |
Ipon paying such charge for admission to
aid park as shall be fixed BIZ said Chand-
ar, and further, that said Chandler shall
making the said park within sixty
avs from and after the passage of this or