New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-12
collected licenses

.-.ct Hernandez had Collected licenses
from a class of trades, calllnga ana proiec-
sions not included in the "speclhcauons,
reconyene ed in the suit in behalf OF the Guy
for ten thousand dollars, and propounoe9
To Hernandez interrOgat0ries on facts ana
articles tending to compel him 10 dlecioso
the real facts and detailed list 81 Inc peI-
sons, trades, callings and professions t TS;.
which he had collected licenses. TINS
demand was met with an exception BY Her
nandez. showing Discrimination to answer
the questions propounded and proposl'
tion tn compromise Comment upon ta6
contract ar the construction placed on ats
terms BY Hernandez, is unnecessary. LUG
whole transaction speaks for ltse.I' anu 1n-
less the prayer in the petltlon Oh dsruanu.A
junction issued by the Fifth District Court
were framed by mistake and are not as m
tended. it seems that Hernandez contem.
plates claiming the revenues tor enc year,
from the first January, 1870.
The Council will perceive, that Herman.
dez stands on his contract, forthed anu
banked by six writs Of Injunction, and thas
by appeal he. can continue the Writs ~
Free 1t least until after the twenty -seventh
of Marchs
Nv the report of the Controller herewith
enclosed, apa shat the total number OF
blank licenses issrsd and delivered to Her
nandez. sincelthe date of the contract, Is one
thousand and sixty, OF which nine'hundred
and sixty were issued prior to the hrst OF
January last. AS mons OF the Dlanhs navS
been returned, the presu@ptlon Is sAa' "n
have been disposed OF. 49,
The amount of license tax due from the
class named in first article OF the specuh-
cations, that is itinerant merchants,
selliug by samples without place
of business, is by the seventy-elgntn
article of the ordinance OF 1869,
fixed at one hundred and fifty dollars.
The license tax on peddlers, hawkers, or
dealers in iewelry, or imitation jewelry, is
6xed by the tiftieth section of the ordinance
Of 1869, at thirty dollars. The license tax
on street musicians is, by the slxty-seventh
section of the same ordinance, hxeo st nVe
dollars
Ifall of the blanks issued have been col
lected of itinerant merchants, the total
amount Of the tax collected is one hundred
and fifty-nine thousand dollars. If all were
disposed OF to peddlers and hawker5 OF jew
elry, the total tax collected is thirty one
thousand eight hundred dollars, and If IT
were possible for the contractor to have dis
posed of the entire blanks to street must
clans, the total tax collected would still be
five thousand three hundred dollars. Adopt
ing any reasonable distribution Of the one
thousand and sixty blank licenses between
the three classes subject, respectively, to
tax of $780, thirty dollars, and five dollars,
and the board can arrive at an approximate
estimate of the value of the right claimed
by Hernandez, both to Hernandez and to
the city.
Having submitted to you the facts IN this
matter the question whether the Council
will accept the notes proposed, and con-
tlnue the term of the contract until 1871,
is one for the Council to determine for
itself. 1t is to be hoped that the experience
which the ely has had in this matter will
prevent the adoption of any further reso-
Iutions or ordinances. depending for their
effect upon specifications" not in existence,
or before the Council at the time the Ordin-
ance is considered.
The utmost time which Hernandez can
claim under his contract expires on the
twenty-seventh of March ensuing, and l am
still Of opinion that the best course to
pursue in view of existing complications
and the ipj functions that have been sued out
is to adopt an ordinance authorizing the
Controller to issue licenses to Hernandez for
the FIRST quarter of the current year, e1-
piring on the thirty.frst day of March next.
l do not believe that the Judge OF the Filth
District Court could consider this course .
contempt or disobedience of any of the writs
of Injunction he has issued in this matter.
1t is proper that should call your atten.
ton to the fact that the rights claimed by
Hernandez under his contract have been q
source of considerable trouble to the officers
of the city, growing out of the fact that he
seems to include in the class from whom he
believes himself authorized to collect license
tax trades and occupations apparently not
enumerated in the specifications"
as, for instance, license issued
BY him .,a has &c come to my my notice notice
to the operator OF an electromagnetic
apparatus in which l believe the operator was
styled "huckster."
Respectfully suggest that, whatever course
the Council may pursue, care should be
taken to limit the power of the contractor
to the collection of the tax due from the
persons, trades and occupations designated
in the specifications.
Having reported to you the facts, as far
as l have been able to ascertain, do not
feel at liberty, nor do consider it my provlhce
to consider the question, whether if the con-
tract is to be extended until 1871, the sum
of three thousand dollars is q sufficient con-
sideration, or whether the notes as Endorsed
are good security.
| have the honor to remain, respectfully
yours. J. R. BECkWITH,
City Attorney.
The following statement, accompanying
the above communication Of the City At.
torney was received:
REPORT OF BLANK LICENSES ISSUED TO +. Z.
HERNANDEZ, CONTRACTOR.
March 27-Received from j. O. Ian
dry, Controller. ............ 100
April 5-Received from J. o. Landry,
Controller. ..:....--...' 200
April 10-Received from j. 0. Landry,
Controller. -; -. 100
May 3-ReceiVed from j. o. Landry,
ConLrOler. LOU
May 29-Received from J. o. Landry,
COutio4iSi 0u
July 27-Received from j. o. Landry,
Controller .:.....:.::.:..., 100
October l9-Received from J. o. Lam
dry, Controller. ..............-.... 100
November 10-Received from j. 0.
Landry, Controller. loo
December 27-Received from j. o.
Landry, Controller. ................. 100
IL 4 d. T q I