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

OBSERVATION-DISCLOSURES cClbl COu1A1IsVCCS oP" /
pointed on the fifteenth instant, ''to recon-
mend some means of lighting the public !
buildings of the city" beg leave to report:
That in company with other gentlemen
they visited the Bsrbarin Gas Lights, which |
have been in successful operation for nearly /
one year at the Jackson Railroad depot, and,
after minute and careful examination,
your committee see no reason why the
same can not be introduced in the public |
buildings Of the city, as the gas Is equal TO
any now in use, giving bright, strong and |
steady light, and the expense being seven |
eighths less than now paid by the city.
Your committee would recommend that
definite action in the premises be postponed
until the return of the superintendent of
the works, who is at present temporarily |
absent in the North.
Respectfully submitted,
THOMAS H. SHIELDS,
CHARLES POTrHOFF,
J. HASSINGER.
The following, viz:
TO the Honorable the Board Of Alderman OF tho
City Of New Orleans:
Your committee to whom was referred
the joint resolution from the Board OF AS
sistant Aldermen relative to the dismissal
of the appeal taken by the City Attorney in
the case Of the State ex rel. New Orleans
Republican Printing Company vs.. J. O:
Landry, Controller, No. 663 of the docket of
| NIT the following
In the prosecution of their labors, your 4
| committee first ascertained what is the real
question in dispute before the courts, and
| they found it to be one simply OF law, to
wit: Whetherjthe New Orleans REPUBLICAN
is entitled to be recognized rs the official
| journal of this city, and entitled to be paid
according to the act of the Legislature rela
| tive to public printing.
The correctness of the bills presented is
| not in dispute.
| The petition asks, and the judgment OF the
| Sixth District Court orders "the Controller
to examine the bills of the REPUBLICAN, and
If found correct. to draw his warrants there
for according to law"
| On this point your committee understand
the opinion Of the present and the late City
Attorneys to be, that further litigation on
the part of the city would be of no avail,
exsept for the purpose Of gaining further
| time.
In his written opinion to the Council. of
date twelfth of October, 1858, H. j. Leovy,
Esq. then City Attorney, says:
1.-THE proprietors of the REPUBLICAN claim
the printing Of the city advertisements.
This claim is based upon the act Of the
Legislature, approved July %, 1868, which
Governor, and Speaker Of the House of
Representatives, shall contract with some
party for all necessary printing. Section
ten of that act reads as follows:
! BE it further enacted, That all printing
for the State, or for any department of the
State government, or for the Supreme Court;
or for the corporation of New Orleans, shall
be performed by the State Printer, who
shall execute the same according to the
specifications and at prices set down in the
following items, etc.
"In section eleven it is said that the State
Printer shall publish in his official journal
all judicial advertisements required to be
published in the parish of Orleans, etc., and
also all municipal advertisements of every
description whatsoever, of the corporation
OF the city of New Orleans, whether the
same may be authorized by a law of the
State, an ordinance Of the Common Council,
or by any officer or department OF the city
| government.
II am asked if the Common Council is
compelled to obey this law, or in other
words, whether or not it is constitutional.
look in vain in the constitution of 1868 for
any restriction or prohibition on the subject.
Had this constitution contained the clause
to be found in those OF 1917, lS45 1859 and
1864, there could be no difficulty, for the
power to appoint city officers, and to ad-
minister the business of the city was given
| BY those instruments to the citizens of New
, Orleans, and the Legislature could not
divest them of the right. Under the con.
stution of 1868. however, the city is bound
in this respect BY the legislation of the Gen.
eral Assembly. The Legislature possesses
) the power even to direct that the city ad.
vertisements be printed in all the journals
of the city, and however we might question
the policy or justice Of the exercise of such
power. their constitutional right would be
indubitable.
) 1.-The conclusion then to which have
been constrained to come is, that under ex-
isting laws, the printing must be given to
| the REPUBLICAN, because it has been so de-
creed by the Legislature, body from whose
decision there is no appeal, when its action
violates no provision OF the constitutional
law"
Again, in his opinion of October 20, 1868,
relative to the litigatingof this question be.
fore the courts he says:
"The City Attorney comedies that de-
, tense of the rights of the city should not be
abandoned while there are hopes of sue.
cess, but at the same time he feels it his
, duty to say that it is, perhaps, not less i'm.
portant that the city should avoid vexatious
and expensive litigation when all defense is
hopeless"
In the communication of the present City
Attorney, of the eighth instant, to your
, honorable body, relative to this same Ques.
ton, he says:
a find, on examining the records of this
Office, that the same question was referred
to my predecessor, aud that in an elaborate
opinion addressed to the Board of Assistant
Aldermen. under date of October II, 1868 he
gave his opinion atfirmatively upon the ques.
ton, in which opinion l concur.
beyond all doubt, the courts will declare
the act of the Legislature, approved July "a,
: 1868, upon which the Republican Printing
, Company depends for it's demand, constitu-
tional and binding on the city; and that the
demand of the company for payment for all
, municipal advertisements, of every descrip-
ton whatsoever, OF the corporation of the
city of New Orleans, whether the same may
be authorized by law of the State, an ordi.
nance of the Common Council, or by any
officer or department Of the city govern
ment. must be complied with by the city,"
Your committee then addressed commu-
nication to the Controller, requesting him
to make out statement of all the bills pre-
sented by the REPUBLICAN up to the first
instant, which he did, showing the amount
; to be s.; the correctness of these bills
has not yet been passed upon by the Con-
troller. His communication is appended to
this report. and made part hereof
In view, therefore, of putting an end to a
controversy in which the legal adviser of the
city entertains no hopes of success, yOur
committee would recommend concurrence
on the part OF your honorable body in the
joint resolution in question, on the following
| conditions:
, l. That the REALTORS pay all costs of court,
and other expenses.
q. That in lieu of warrants, their bills
| shall be registered in the Controllers office,
to be palG like other creditors of the city,
and
| g. That thew release tho CITY from all lia-