New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-07

ieSltlmate, and any cltlZen may pursue IL
Therefore the act comforting the privilege or
one company to the exclusion OF al others
is monopoly. and hence unconstitutional
think / should find no difficulty in sus
tanning these views by the authority OF the
elementary writer's on legal science, as well
as the decisions of enlightened courts, but
deem it unnecessary to prOlOng this answer
to the question submitted.
For these reasons, | am of opinion that
the City Council can not legally license
wheels Of fortune" but may by ordinance
prohibit them and suppress all kindred evils
l have the honor to remain,
Your Obedient servant,
RUFUS NAPLES,
Assistant City Attorney.
From City Attorney Lacey:
New ORLEANS, June "a. 1870.
To the Honorable the Mayor and Members of the
City Council:
GENTLEMEN-The bills of Thomas L. Max
well, Sheriff, in the matter of the interdic
ton of Mrs. V. Ball. No SO, 1913, Second District
Court, and the introduction of Mrs. Eliza
Haynes 30, 4OS, Second District Court, arc
greatly in excess of that which the law
allows, and are unaccOmpanied with the or
der of the district judge, as by law required
Bays Revised Statutes, pages 33, 1911
therefore return, without approval, Sheriff
Maxwell's bills.
have the honor to remain
Your Obedient servant.
GEORGE S. LACEY,
City Attorney.
The following communication from the
Board of Health was referred to the De-
partment OF Commerce:
OFFICE BOARD OF HEALTH }
State of Louisiana No l59 Canal street. (
New Orleans, July S, 1870.
Honorable B. F. Flanders, Mayor of New Orleans:
SIR-At a regular meeting of the Board
of Health, State of Louisiana, held Friday,
July l, 1870, the following resolution was
adopted:
Resolred. That the president of this board
transmit copy of the sanitary ordinance.
as amended. to the honorable Common
Council, city of New Orleans, and request
them to adopt said sanitary ordinance as a
portion Of city laws, making such changes
as the nature Of the case may require:
Resolred, That the Board of Health re-
commend to the honorable Common COun-
ell immediate action on the subject of the
storage of petroleum.
l have the honor to state that fires from
petroleum and its products are inextinguish-
able by water, and that if the present
method of storing large quantities in the
densely built portions of the city be contin-
ued, destructive fires from this cause are
merely a question of time.
Very respectfully,
Your Obedient servant,
C. b. WHITE. NJ. D..
President Board of Health, State of Louis
lana.
Resolutions, etc.
Mr.. Pierce, in introducing the following
remarked that the fence was i'll
very bad condition; that the posts had been
i'll digging drains, and that it
was absolutely necessary that these repairs
should be made before the painting author
lied at the last meeting could be done:
Be it resolred, ETC., That the Administrator
of Police be and he is hereby authorized to
cause the gates, locks, ratings and arch
ways over the canal of coliseum place Tor
sq,lare) to be repaired at an expense not to
exceed three hundred dollars ($3OO.)
The resolution was adopted.
Mr.. Pierce offered the following:
An ordinance amending an ordinance en-
titled "An ordinance establishing pounds
for the city of New Orleans" approved
December IA, 1866.
Be it ordained, etc, That so much of Or
dinance No. 347, new series, approved De-
cember IA, 1866, as requires ''all goats
impounded and not redeemed within TWEEN
ty four hours to be sold by the Street Com
missioner or his deputy, after three days
same is hereby repealed, and that hereafter
instead all goats impounded and not re-
deemed within fOrty-eight hours. shall be
then sold without notice in the official
journal
In moving the adoption of the ordinance,
Mr.. Pierce stated that the cost of advertis-
ing these goats three times in the otficialjour-
nal, sometimes amounted to six or ten times
the proceeds of the sale. 1t was better for
the city to board them an extra day than to
pay so much for advertising. This plan had
already been adopted in the case of hogs,
which were sold without advertisement
The ordinance was adopted.
Mr.. Finley introduced the following:
Resolred. That the Mayor is hereby in
vested with discretionary authority to re-
ieve from the payment of city license such
small shOpkeepers or retailers of gOOds-in-
liquors excepted-as are using
less than one hundred dollars of capital i'll
their business.
The Mayor stated that large number of
persons whose whole sales perhaps did not
amount to more than a hundred dollars a
year, and whose stock in trade did not eX-
,eed five dollars-cripples, widows. old
people and imbeciles incapable of earning a
living by manual labOr-were continually
asking the Mayor to grant them free Ii
lenses. 1t had been customary for the
Mayor to grant this privilege, though there
was no authority of law for his so doing, but
his custom was liable to abuse. He de-
sired there should be some discretionary au-
hority given to the Mayor, or at any rate
hat the subject should be discussed by the
Council He thought the limit assigned in
his ordinance was too large, and there was
10 specification of the class of persons to
whom the permit should be granted. He
thought it should be confined to those I'M
,ble to work. He suggested that the resolu
ion should lay over.
Agreed to.
Mr. West moved to reconsider the vote
ust passed After hearing the Mayors ex-
,lanation, he was quite prepared to act, re-
lucing the capital to fifty dollars, and leav
ng the Mayor full discretionary powers as
o the class Of persons to whom the free
license should be given.
The motion to reconsider was carried, Mr..
Imley accepted the amendment, and the
esolution as amended was adopted.
Mr.. Emley introduced the following, and
moved its adoption:
I'm ordinance for the protection of birds |
Be it ordained by the Council Of the city |
f New Orleans, That from and after the |
doption and PRONUNCIATION of this Ordi
ance, it shall be unlawful for any person
0 kill or capture any bird at large, within