New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-20
THE COURTS.
The Great ROmine Caso-C0atracts for
Over 81, l,OOO. 600.

was fixed for the hearing of the concluding
argument Of &. King Cutler on the part Of
the relator. Owing to a press of business
the matter was postponed until Monday
next. In our report Of the argument OF
counsel for relatOr, made on Friday last, we
omitted to mention u few of the strong
points of the case, as follows:
First-The Common Council Of the City
Of Jefferson had, under its charter, the con-
troll Of the streets the Improvement OF the
same, and the power to make the contract
sued on.
Second-The right of the Common Council
OF the City of jefferson to delegate its au-
thDritY to Il special committee, consisting
of the Mayor and Aldermen, or any three of
them. in the name of the city to contract
and bind the city, is expressly recognized
as a principle OF municipal government.
Third-The ordinance OF the Common
COUNCIL, No. t9, was unanimously adopted,
and the contract sued on was duly made by
the committee, and ratified by the Council
on the fourteenth of March, 1870; and the
resolution approving the contract was of it
self a ratification, lif any ratification was
necessary. and rendered the contract bind
First-The Common Council of the city
of jefferson had under its charter the con-
troll of the streets. the improvements of the
same, and the power to make the contract
sued on.
The act No. IS, of the acts Of the Legisla-
ture of the State of Louisiana. approved
September IA, 1868 tthe charter of the City
of Jeffersonl, stction eight, paragraph
eighteen, provides that ''the City Council
shall have power to open, widen, straighten,
extend or improve any street, road, side
walk or public place" That the power of
regulating improvements of the streets or
avenues Of the City Of jefferson is invested
by its charter in the City Council, admits of
no discussion; the terms Of the law are so
explicit that no ambiguity whatever LII its
construction can arise.
The City Council, therefore, having the
power to improve the streets, necessarily
have the power to contract for the same.
with reference to the work to be done, and
the compensation to be paid. In the case of
Sturtevants vs.. the City of Alton, third
McLain, page 1893, 1t was urged that the cor
poratiOn had no authority to enter into
contract for grading and improving one of
the streets in the City of Alton; but the
court held that the power of the trustees or
Common Council of the city, underitheir act
of incorporation, was ample to improve the
streets and alleys of the town, and to enter
into contract for that purpose; that where a
corporation is authorized to do. that which
can only be accomplished by = contract, it
has power not only to make the contract,
but to carry ont. in all its details, the prin
cipal power given.
Second-The right of the Council of the
City of jefferson to delegate its authority
to a special committee, consisting of the
Mayor and Aldermen or any three of them
in the name of the city to nQke the contract
sued on and to bind the city thereby, is ex
pressly recognized as "a principal of munich
pal government.
Counsel for relator further argued that
when the City of Jefferson exercised Its
power TO improve street, 1t was not bound
to advertise for proposals, or to adjudicate
a contract to the lowest bidder. These for
malities are only required when it proceeds
under the twelfth paragraph of the eighth
section, viz:
when the proprietors ofany land fronting
on any public street or avenue, comprising
one-fOurth OF the front Of said street, shall
petition the Council therefor the Council
shall cause the streets to he opened, widened
or improved with bannuettes, sidewalks,
shell roads. or plank roads or paved streets,
the crossings and intersections of the streets
and one-third OF the roadway in front OF
the property. shall be at the expense of the
city. and the sidewalks or banquettes, and
one-third OF the roadway or streets, at the
expense of the property owners in front of
whose property the same shall be made;
provided that all such works shall be done
BY contracts adjudicateq by the Controller
under regulations to lie prescribed by the
Council, to the lowest bidder"
Consequently the City of Jefferson is not
compelled 10 afford an opportunity for real
competition when she contracts for the i'm
prOvement Of her streets and avenues, ex-
cept when her action is provoked under
the above paragraph oil section SIX OF her
charter and no matter what be the lncon-
yenieAce, until the Leg stature furnish the
remedy. her action in tue premises can not
be otherwise restricted
The final decision OF this case will be
looked for with great in Iterest by the public
Sixth Disfric. Court-I1nbeas Corpus Case.
State ex rel. Pierre Btrtr.m praying for
writ of habef.S Corpus.1-ln this case reiatOr
alleges that he is Illegally deprived of his
liberty, and confincd iii the Parish Prison
by F. s. Wurzberger. Criminal Sheriff of
the parish of Orleans, in virtue OF no gen
eral law, Judgment, Older or decree OF a
court of i;lstice. or sentence of conviction,
but simply an order or edict OF IL. Z. War
moth, Governor.
Wherefore rclator ptays that 4 habeas
corpus may issue. Nredtcd to the Criminal
Sheriff, commanding mi i'm to bring the body
of relator before the Judge of the Sixth
District Court, and thai Il he be restored to
liberty.
At two o'clock yesteH day the rclator was
brought into ceurt. 1t appeared on the trial
that he had previously been sent to the
Penitentiary and pard rdloncd by the Gov
ernor. subsequently the pardon was re-
vokcd and he was re-aricsted. Judge Cooley
held that pardon could not be revoked,
and discharged the pri4 4oner,
Injunction Against the Orleans Railroad
Company.
w. H. Cooley VS.. Orleans Railroad Com
pany-In this case the Hon. Judge Cooley
of the Sixth District Court, has brought a
suit before Judge Dibble, in which it is
shown that he resides at No. SO Dumaine
street, and that. owing to causes beyond his
control, there is now raging IN his nelghbor-
hood very malignant type OF fever, desiS-
mated by some physicians as yellow fever.
That in the opinion of physicians gencr-
ally, and of the Board Of Health, the disease
if not caused entirely, Is at least conSidera-
bly, helped in its progress, by al species OF
unclcanliness, and very particularly by the
noxiors exhalations produced by the action
o: the sun, on all matters, vegetable OF
animal, exposed to its influence.
That the Orleans and Dunaino Street
Railroad Company, an incorporated associa
ton, through their president, B. Saloy, have
begun this morning, 1t the corner OF Dn-
maine and Dauphine streets, to tear up the
pavement of Duniline| street. with view
of having "a track of said railroad along the
said Dumaine street, +, inning to the French
market.
That for this purpose it will be necessary
TO excayatc more or less the soil of Dumaine
street. and thus expose to the surface and
consequent action of the sun. all the impur-
;t;ps which now lie HID and inaccessible
IN .hc surface. That n continuance of the
oneration. of said railroad company vii!
seriously endanger the public health of the
ncishborhood thereof, and will
eventually cause the spread Of the disease
NOV o;ng therein. viz: yellow fever, to