New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-09

\ | think the gentleman has been
pleAdIng the baby act for the city,
all the evening.
Mr.. Blackman: The city has repesled your
ordinance.
Mr.. Lynch: am not aware of that. The
same ordinance which granted the neutral
ground in Elysian Fields granted that in
Claiborne street also.
Mr.. Blackmap: Besides that. sir
Mr.. Ogden in the chair: Senator Back
man will come to order, unless Senator
Lynch yields the floor.
Mr.. Lynch: yield the floor for moment.
Mr.. Blackman: My understanding is that
the city has repealed the ordinance granting
this and besides that, understand that the
] courts have decided the City Council can
make no such grants.
Mr.. Lynch: My understanding is, sir, that
the city government, having vested the
right. it would be beyond their power to re-
/ peal it.
Mr. Braughn If You will permit NE to
make an explananation here. Senator Lynch,
| will state that the City Council has not re-
1 pealed that grant. 1t is in force, and opera
tive.
Mr. Lynch That is my understanding.
move to lay the amendment of the Senator
from the Fourth District on the table.
:, Mr.. Ogden in the chair : The question is
Dfct upon amendment-the amendment IS
already On the table.
M. Lynch think the Chair is mistaken.
Senator Bacon's amendment is before the
Senate, and move to lay it on the table.
The amendment of Mr.. Bacon was laid CT
the table
s Mr., Wittgenstein move the adoption Of
q the section as amended
n Mr.. Braughn: Before the section is adopted
want to place myself right on the record.
q representative of the city of New Or
IA, would not vote for the passage
rhe bill if it deprive the city itself or any
is inhabitants of one foot OF ground:
bfe is no such provision in the bill. 1t Is
lot contemplated to give this company one
4 inch of the sol of the city of New Orleans.
This bill only perpetuates, ratifes contract
already existing between the city OF New
i Orleans. and the New Orleans, Mobile
aud Chattanooga Railroad Company. That
! contract was made by the represen-
tatives of the people of New Orleans.
in Council assembled, and all that the com
psny now asks, having some doubt, per
haps as to the legality of the action of that
Council. is for the State to.ratify their acts
in the premises.
Mr.. Bacon: It does not cay go.
Mr.. Braughn: There is wide distinction be-
tween giving man or corporation piece OF
ground, and giving them the use of 4 piece
] of ground. The city government, Or the
State of Louisiana, is pnwerless to give
rawsy any property. but the city and the
General Assembly of the State has the right
! III say W WIdh USE VIC puDtS pIcpSl v
be applied. That is the position of the pro-
vision in this bin, and contend. first, that
| it was perfectly proper in the City Council
to give the right of use to this company OF
| Claiborne street. and that it is perfectly
proper fer the Legislature to ratify the acts
of the said Council. 1t would be strange
indeed, after Council elected by the peo-
pie of the city Of New Orleans-a Demo-
cratic Council. by the way-has conferred
\ certain rights upon corporation
Y while a representative OF the same
LQeople to get up and say, it is stealing the
rSats of the people. Sir, If there was found
n anS such provision in this bill, / would be
n found among its opponents, and l declare
decidedly that there is no such provision
contained in this bill. and that there is no lam
n gunga which authorized any Senator TO i'm
II ply that this company is stealing. 1t is SIM
n ply rstifying and perpetuating the acts of
II the said Council. That action was ratified
a By the people, and hailed with satisfaction
d bv the people; and it seems to me strange that
\ ouch language should be employed. when
81 we are simply confirming what the city itself
has done. With these Temar ke, second the
motion to adopt the section as amended.
Mr. Blackman: call for the yeas and nays
on the motion for the adoption OF the section
ss amended.
Section fonr was adopted-22 yeas, nays.
Section five was read.
M. Blackman: | now move the adoption
LSf this section. and upon tnat | call for
A the previous question, and upon that call
FOR the yeas and nays. If this bill passes. I
wantlt to pass with all these Objectionable
u features.
\ 6ir. Lynch: second the call FOR the
y previous question.
m The President: If it is the wish Of the
81 Senate. / will put the previous question.
~ although when Senator BlacAman called
Mthe previous question, there were tour
WSppatOrs on the floor AZ once.
ID The previous question was ordered, aud
Insertion FIVE was adop tcd-yeas 20, nays IL.
# Section six was read and adopted, with an
#amendment by Mr.. Lynch. which will be
Mfouni in the journal-yeas Il, nays 10.
Section seven having been read, Mr. Lynch
*moved an amendment, which was adopted.
~ Mr. Blackman: | move a further amend
@neu. 10 insert instead of $4,000, 900, S32,
200 600
n The amendment of Mr.. Blaclman was
Daid on the tabie-yeas %, nays 4.
81 Some further amendments were offered
b/r Lynch and adoDted, after which sec
Bon seven was adopted. to end at line 3e5,
Wand section eight to commence at that polnt
A Mr. Egan offered the following amend
Ement to section seven: Ia inc i57, after the
Nwold Treasurer insert provided that said
Scompany shall annually pay TO the State Of
HLorisiana three per cent of its profits.
On motion of Dir. Wittgenstein, Mr.. Egan's
amendment was laid on the tab!e--yeas
lei. nays II.
4 Mr.. Wlttgenstein: I move the adoption OF
1.-The section rs amended.
n NJ. Packard: have been for q long time
Edriuking and / hope the Senator will
Jwlthdraw his motion.
Mr. Anderson moved, in line forty-four
II 70 insert, after the word State. provided
that ali fees for af6xing the seal OF the State
sl,4il be paid by the company"
u TIE amendment was adopted.
Mr. Darrall: move, i'll line tilty.thcee to
strike out eight per cent and insert X per
Ucent / think SIX per cent is sufficient.
ri Nj. Wittgenstein: ! moV6 to lag that
Eamendment on the table.
b Yeas 90, nays IL.
~ Mr. Wilcox: move the section be adopted
Les amended.
E nr. Fujch: have an amendment in line
Two hundred and forty-one, after the word
+ year, go that it will read, levied and
Ecolected for each year."
The yeas ard nays being ordered, Mr.
EFutch's amendment WAS adoptod-yea5
13,- nays 8.
Dir. Lynch: The remaining section has
Eheen read; I move that the section be
'Aloptcd rs section eight.
NJ. Bacon offered an additional
Rectl0n to be numbered eight (Which
RvilI be found in the journal CT the Senate
(which was laid on the table on motion Of
BIZ Pmcbback yeas q, nays 10.
Mr Thompson iotfered an additional! soc
kion. giving the Shreveport and Texas Rail-
toad the same aid granted the Chattanooga
E4ilroRd Company.
4 Mr. Ray: ar President That the benefits
Eof this seventh section should also 60 10