New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-28
THE COURTS.
The Great Jefferson City improvements
Case.


city of New Orleans-The final argument
in this case was delivered yesterday, ny X.
King Cutler, in the Eighth District Court
The case comes up on an applcatlon tor
mandamnS to compel the respondent 10
furnish the lines and levels called tor IN
certain contract made between the relator
and the city of jefferson, before IFS anneNa-
ton 10 the city of New Orleans.
The petition sets forth that on the first of
March, 1870. the City of Jefferson passed
ordinance No. 10. appointing the Mayor,
together with J. II. Massie. ii. I. Carlklns,
". G. Mcconnell George w. Pratt. F. {.
Hester. f. B. Stamps, Brown and Bellomie
1.-THE Aldermen of said city,. or any three of
tlrtm. a special committee to contract in the
name of the city, for shelling or paving the
streets or avenues of said city, and for other
purposes. with full power to act and bind
the City Of jefferson in the premises.
On the seventh of March. 1870. the sald
special committee contracted with relator
for shelling, with lake or ordinary shells,
according to the grades. lines and levels to
be furnished by the City Surveyor. the toll
lowing streets i'll the City of Jefferson,
viz: Louisiana avenue, Pension street,
Marengo street, Napoleon avenue, |almont
street and Coliseum street, according TO the
terms and specifications OF the contract
made and executed before John Tabor,
notary public. in and for the city OF Jetier-
son on the seventh of March, 1870.
On the fourteenth ,lay OF March 1870. the
Common Council duly ratified and confirmed
the contract.
Under an act of the Legislature. approved
March 10. 1879. the City of Jefferson was
consolidated with the city OF New Orleans,
wherein the city Of New Orleans is liable
for the payment Of all the debts and the per
tcrmance of all the obligations of the City
of jefferson. and i, thereby bound TO carry
out the contract sued on. accordin. to the
terms thereof
That under said act. and by the contract
sued on, the city of New Orleans, through
the Administrator of Improvements. is re-
quired TO furnish to rclator the grades, lines.
and levels of the streets aforesaid, within
ten DAYS from demand by relator, il writ
ting OF the said city for the same.
That on the twelfth day of April, 1870,
relator made demand i'll writing. OF }. X.
West, Administrator of improvements, for
the grades, lines aud Levels, to enable nm
to proceed With the work; but lhts west
refused 10 comply thereoy preventing re-
lator from commencing anu carr inS oli tic
"oIh caiitu ioi, 'n"1 S''u .:,
ana ,he Guy oi Ne" SI,c"hs' "io o'
VOCATION ol '"tt ''h,' tile ilsn's W ieiat'i
anu tha' suen feius''i '" he an II 4'"i "''o
injury. -.
c NJ I..I =. a., 70 eor
y, .Uioic ,o'o, " ,co' vi q, - ~
That the common Couhcll "i 'he NllN ol
JEFFERSON had apsoiu'S cohtIoi pNei ail P""-
NC WORKS cohiiGctc', WIN n.l stioete,
MhaiNes aii': pupiiI piaet .,i"t sao
thus resting Ill the C"uhcii "aS tS"iiH az t'n IL.
parted 10 lie coiiilllltee oppoiiiteu ~ ei.'.
anu conciuoe liie agreement AZ III CONT coltioNeist ;
lhal the uio ~ l''ct Tn'el in." az,
aSreehieht Win reii'", i"i eii. s r'I '"il
streets III me CNH ol 'elei sun
tta' IN, 1ontlu hot onis II. az .'
complished tact by the acuon OF tne com
mlttee, OUT was luliH anu le?ailS ratiheo ~
the CouhcI ltseli anu hlialiH' tnat !lie '4il.
tract WAS not only lcSaiin eH'eicu lii'o ~
tne committee, ana luliy rd'li!eu ps tne
Soucli. ou' accoIelnS 10 ,iie iii'i't
pN lhe surveyor oi the cltF vi -Hc" Olniu
was closed at a hS're Jusl ana retsohao ole'
ana ana bestowed upon Ie,a'oi lio'nins M - (
liian d lar ana eeul'aple CON ioi
the WORKS pS hilI coi''acteo ~ oe pe1
Iorlheo.
The contract may have been made
against the wishes OF certain people, who
preferred TO walk III the mud and trudge III
dog tennel. but it was made, nevertheless.
and was legal The action OF the Mayor
and committee was approved by the Coun.
ell and was therefore legal.
Here Mr.. NAPLES. Assistant CITY Attor-
ney. interrupted the speaker, and Mr.. Cut
Ter replied]
The name OF the Mayor Is signed TO the
notarial contract with Romine, and the
Council atterward adopted the contract, but
the ratification was unnecessary. BY viz
tue of the ratification ordinance the con-
tract was fixed and made legal.
Here Mr.. Cutler asked leave of the court
to take rest of tive minutes.
Two-thirds OF the members OF the Couu-
ell voted for the resolution approving the
contract in question.
BY the act of consolidation there is no
reservation of a power in the city OF New
Orleans to contest the validity OF the acts
of the City of Jefferson, and the city OF New
Orleans is bound to pay the liabilities and
execute the contracts OF the City Oh Jefier-
son.
Here Mr.. NAPLES remarked that thcy
were bound to execute any valid contracts.
Mr.. Cutler replied: - 1ou are bound TO
execute any contracts whatever lie then
read from the act of consolidation, by winch
the city Of New Orleans was bound to carry
ont. assume and pay any contracts OF the
City of jefferson whatever.
Mr.. Waples concede it.
Mr.. Cutler: Then you must carry out the
Romine contract-the contract before John
Tabor, the notary. The law says the city
shall carry out this contract. The act OF
consolidation Of the sixteenth OF March,
1870. says nothing about valid contracts.
but that the officers OF the city OF New Or
leans must carry them out. The vested
right OF Romine can not be divested by the
act of consolidation. He showed that Judge
II. c. Caulkins had no interest i'll the con.
tracts, and vindicated him as man OF
talent and honor. although he had been vii
lifted by certain ignorant persons who had
testified i'll this case.
He then went on to speak OF the difference
between this city and Chicago, and asked