New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-23

Henry Birrcher, for railing and
counter for Office. ... 1919 s
Mitchell, Craig & Co., twelve desk
Messrs. Steel 4 Co, printing blanks %
ana et8tl0nery ............,..... lag
AoCol. ....... ID, $40
SEC. 2. Be it further ordained, etc., Tha
payment of expenditures as above, othe
than payment OF salaries, shall be mad
: upon vouchers approved by the Admins
traitor Of Assessments, and the Admins
, traitor OF Public Accounts shall draw hi
, warrants upon the Administrator of Fipanc
10 favor OF the person OF persons holdin,
the vouchers approved as aforesaid.
; SEC. 3. Be it further ordained, etc., Tha
the Administrator Of Assessments shall
furnish to the Department of Public Ac
counts certified pay roll of salaries due hi
department. The Administrator of Publ,
Accounts shall draw his warrant upon thu
Administrator of Finance for the aggregate
amount thereof, and the Administrator O.
FINANCE shall take the individual receipts O
the parties borne upon the pay roll, which
shall be furnished to him by the Admins
traitor of Assessments.
Mr.. West said inasmuch an the question
of the settlement of some Of these old
claims bad been entered upon, he desired tc
call up two claims put in some time ago
viz:
M. Csrvin, for work done and materials
| furnished for certain wharves, approved by
Administrator of improvements and City
Surveyor, sll,5S8.
Resolution appropriating money to pay
Eager, Ellerman & Co., for work done on
| the river front.
! ReSolced, That the sum of seven thousand
eight hundred and forty four ($7544) dol
lars IS hereby appropriated to Eager, Eler-
man d Co. for constructing hreakwater,
Jettles, ETC., near the levee, Third District
the same being case of emergency, as con-
and the Administrator Of Public Accounts
| Is hereby instructed to warrant on the Ad-
mlnlstratOr of Finance in favor Of Eager,
| Ellerman g. Co. for the sum of seven
| thousand eight hundred and forty-four
| lS1S4i) collars, as per bill approved by the
Administrator of improvements and the
| City Surveyor.
Both we're put on second reading, with
view to their being brought under MIR.
Shaw's ordinance.
Reports of City OMcers
City Attorney Lacey reported the discon-
tinuance of the city's Intervention in the
jackson Railroad suit as follows:
OFFICE CITY ATTORNEY,
Room No. h. Cny Hail,
New Orleans. June 20 1870
Hon. s. q. Emley, Acting Mayor and Mann.
bers of the City Council:
GENTLENEN-On the eighteenth instant
l received q communication from his honor
the acting Mayor, informing me of the fact
that General McComb had paid $4,000
balance due on account of stock in the New
Orleans, Jackson and Great Northern Rail-
road Company held by the city; and direct
N ma %
the dlscontinuance of legal proceedings
IN relation to that stock. Being in court at
the time, l Immediately moved to dismiss
the Intervention lately filed in behalf OF the
city. and an order to that effect was entered
That order, however, was obtained subject
to the following conditions, which made a
part thereof
1. Ali costs to be paid by General Nc
Comb.
2. All reclamstions against the city for
damages, or otherwise, on account of any
writ OF Injunction, or any process which
might have been connected with that pro.
ceeding, to be considered as abandoned By
the General.
3. The order to dismiss to have no other
effect than withdrawal of, or as a judg-
meHt OF non-suit, upon the I'M JUNCTION, leav. !
ing the title to the stock unaffected by such |
order, and to be governed by circumstances |
independent and outside of the same.
Now, no legal proceeding opposes itself |
to the amicable arrangement heretofore en-
tered into between the city of New Orleans
and General McComb relative to the Jack
son Railroad stock.
have the honor to remain,
Your obedient servant,
GEORGE s. LACEY,
City Attorney.
The report was received.
The City Attorney also reported as fol.
lows:
OFFICE CITY ATTORNEY
kosm No. Is. City Hall. : |
New Orleans. June 90 1870 |
His Honor S. c. Emley, Acting Mayer and Mem
bers OF the City Council:
Demonstrating in obedience to a
resolution OF the Council, passed at meet
ing held on the fourteenth of April, 1870, l
have commenced proceedings against the
New Orleans, Mobile and Chattanooga Rail-
road Company in the Eighth District Court
If this city, and against Charles Morgan in
he Circuit Court Of the United States tor
District OF Louisiana, for the purpose Of re-
tranlng the company and Morgan from
disturbing or interfering in any way or man
Ter with the city or the public in the free |
lse and enjoyment of the batture and levee,
md requiring them to permit the same to ,
emain free and open for public use and
or the eXigencies and demands of the CON-
md the wants of the community at large. s
Those causes are expected to be tried |
'arly in the fall, when the city, doubt not,
will be fully prepared for the heavy litiga-
ion inaugurated by the claims of the Chat
anooga Railroad Company, and by Morgan
In the meantime l will be compelled to
xamine the records, for the purpose OF as
el tanning whether or not the Chattanooga
Dad runs through any property, not bat 7
ure, belonging to the CITY: this being ne :
essary, to enable The city, in the event of
he claim of the Chattanooga Railroad
company being maintained, of which have
lot much fear, to recover the value Of her c
property appropriated by the acts of the :
legislature, upon which the company rests
heir rights.
The preparation and trial of these causes t
7lll require much time and great labor; but +
the Council will afford the assistance p.
7hich deem it the interest Of the city to
SIX, her right will be amply and satisfacto-
lily protected. with an expenditure CON- t
aratiUely hJsing.
have the honor to remain,
Your obedient servant.
GEORGE S. LACEY,
City Attorney. a
The report was received and approved. t
The City Attorney further enclosed CON- a
lunication from Mr.. J. Livingston, attorney C
,r Mr.. j. Benz. Chandler, with the adverse b
pinion of Assistant City Attorney NAPLES,
ldorsed thereon as follows:
The points made by Mr.. Livingston t
l. That the General Assembly, having
exempted property from taxa.
on, the City Council may do SO, etc.
Answer-The Legislature has never eX- "
npted private property from taxation, ex- Il