New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-26

lars and twenty-five cents (S1397 25), will
j. L. MERCER as security. in the sum Of five
hundred dollars (S500), be and the same il
hereby approved, the security accepted, sn,
the Mayor authorized to sign and execute
on behalf Of the city, the necessary contrac
before the City Notary to carry the SAM
into effect.
Carried.
On the same report, Mr.. Delassize pre-
sented this further resolution, which wa
carried:
Resolved, That the adjudication by th,
Administrator of WaterwOrks and Publ,
Buildings of a contract, under resolution
No. 81, Administration series, for repairing
withdrawing, painting with coal tar. etc.
the Insane Asylum unto j. Burel, for thu
price and sum of twelve hundred ant
sevent@fiye dollars (Sl275), with Emelt
Darsse. as security, in the sum of five hun
dred dollars ($500), be and the same is
hereby approved, the security accepted, anC
the Mayor authorized to sign and execute
on behalf of the city, the necessary contract
before the City Notary to carry the same
into effect.
Mr.. Delassize presented the subjolned re.
port (Which was receiyed) and resolution:
DEPARTMENT OF THE WATERwoRKs AND J
Pubic Build ngs.
New Or'eans May "a, 1870.
To the Council of the city of New Orleans;
Ia response to the communication of NJ.
Carroll, farmer of Vegetable and Fruit
Markets, in relation 10 the condition of said
markets, beg leave to present the accom-
panylDg resolution.
Respectfully,
L. }. DELbSSIZE.
Administrator.
Resolred, That Tie Administrator of Wat
erwOrks and Public B Buildings be authorized
to make the necessary repairs to the Veg
etable and Fruit Markets, the cost not TO
exceed $500.
On the motion to adopt the resolution
being put, one Administrator voted yea,
four nay.
The Mayor declared the resolution lost.
Mr. Pierce presented resolution as fol,
lows:
DEPARTMENT OF POLICE.
AdministraI or's Once.
New Orleans, May q. 1870.
To the City COUNSEL of New Orleans:
| have the honor to report that the con-
tract for furnishing fresh beef. in accord
"nce with resolution No. 62-Administra-
ton series, has been awarded to Louis
Ruch, at four aud one-half CSnts az per
hound, with D. A. Dennison aud john
otumpf as security; and | respectfully re.
commend your approval.
E W. PIERCE,
Administrator.
Received and adopted.
The following resolution, submitted by
Mr.. Pierce, was adopted:
ReSolred, That the adjudication by the
Of Police of contract as
Der resolution No. g., Administration
cries, for the furnishing OF fresh beef to
he City Workhouse aud Boys ana Girls
Houses of Refuge, at the price and sum of
our and onehalf cents (4l) per pound all
round, to MIR. Louis Rqch, as principal,
With d. A. Denni5On and John Stumpt as
ecurity, be and the same is hereby ap-
'roved, the security accepted, and the
layor authorized to enter into contract in
ehalf OF the city, per DOtariaI act before
he city notary, for the performance of said
ontract.
Mr. West: rise to a point of order. In
eciding that the resolution authorizing re.
airs to certain market houses was lost
The Mayor: Win the Administrator put
ne resolution in writing,
The Council IN the meantime proceeded
} other business.
Dir. Bonzano submitted the following re-
ort:
o the Honorable Council OF the city of New Orlsans
eport On the petition of Evaristo Sugaste, |
residing at No. Q, Philip street, Second |
District.
DEPARTMENT OF ASSESSMENTS, |
May "a. 1870 |
Petitioner asks exemption from taxes due
the city of New Orleans for the year 1863,
scause the property assessed was taken
ossession Of by the United States military
lthorities, aud Was by them used as re-
,uiting bureau to enlist soldiers to serve IN
lie United States army. Judgment has
cen rendered against the petitioner and an
taChment has been issued against his
.operty.
l have carefully considered the applica-
On, and the following are my views or the
bject:
This department has no power to remit
cancel assessments heretofore made, and
is for the Council TO say whether they |
I'VE the power to set aside q Judgment rem
red by a judicial tribunal of the State.
On the advent of the United States mill
ry authorities, the Conqueror, 10 doubt,
ID right to suspend taxation, and to ab-
gate, If The chose, all laws referring to
Ration; bat, as he did not exercise that
,wer, the local laws remained in force.
ALI property must be taxed in accordance
it'll the law. The constitution expressly
VS. that all taxes shall be uniform" which
take in this case to mean that the property
all be taxed according to law, no matter
neither the Confederate or the United
ates military authorities made it their rem,
zvous. Il believe they both did,
The remedy, if any there be, must DE, it
rikes me- against those who occupied the
emises. The property itself must be
hat = Z f,,, &J.. |
yner to take the chances of getting an &C.
'pant who will pay the rent.
By the constitution of the United States,
private property can be taken for public
e without compensation being first made
erefOr; hence the owner in this case has
yht to demand compensation from the
lited States.
But the chief stumbling block against
vOrable consideration is paragraph IL
e constitution of the State of Louisiana.
1868, which, after declaring number of
is and actions to be valid, Annals and eT
OTIS the particular act by which this prop
ty could hare been exempted from State,
IRISH and city taxes for the year 1863
lere is consequently a direct prohibition
grant the relief sought to be obtained by
Q petitioner.
As supporter OF the constitution of
,uisiana, as a good citizen of the State,
d as an Administrator OF the city OF New
leans, am constrained to report that, in
? opinion, the petitioners request Can T.
t be granted.
Very respectfully,
H. B0NZANO,
Administrator of Assessments.
Mr.. Pierce moved that the report be re- /
we'd and approved. 1
iIr. Shaw moved an amendment that the
BORT be laid over to be printed There
S a good deal of law and good deal Of
,ument on 1t and he wanted to read it.