New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-12

, and Public buildings,
| To the Council of the city of New Orleans:
In reference to the franchise granted by
! the Police Jury of the right bank for the
| Lighting by gas the Fifth District, late town
of Algiers and McDonoghvllle:
| have the honor to report that referred
the same to the City Attorney. whose
| opinion thereon is herewith submitted.
In the spirit of the latter clause of the
| Attorneys opinion, considering the terms of
the contract reasonable and just, and the
| improvement OF great importance to the
! District, do not hesitate to recommend the
adoption OF the accompanying preamble
and resolution.
L. T. DELAsSIZE,
Administrator.
OFFICE CITY ATTORNEY
Room No. l3. City Hal,
New orleans. May 10, 1870.
Hoo. I. T. Delassize. Administrator Of Water
works, elc.;
fourteenth instant, l have to say, that there
are serious grounds upon which to oppose
the ordinance OF the Police Jury of the par
ish OF Orleans, right bank, granting to c.
E Girardey and others the privilege Of light
ing with gas the late towns of Aigiers and
McDonoShville. Among others, will refer
you
l. To the date Of the passage of the ordi-
nance.
That ordinance was adopted on the twen-
ty-fourth March, 1870 eight days after the
approval of the act for the consolidation of
the cities Of New Orleans and Jefferson, and
the parish of Orleans. right bank, and,
therefore, made at q time when the Police
Jury OF the parish Of Orleans, right bank,
was without authority to legislate Oh the
subject.
The present charter, and particularly the
provisions OF section thirty five, did not au-
thorize the old city Of New Dreams and
Jefferson, and the police jury OF the parish
OF Orleans, right bank, to pass an ordi-
nance after that charter went into effect,
and all that can be claimed, is that ordi-
nances of the said cities and police jury, in
force at the time of the passage of the act,
shall remain in force until modified or re-
pealed by the Council of New Orleans,
created By the charter.
z. BY the ordinance. the expense of light
ing Algiers and McDonoghville. was laid
upon those towns; the police jury
OF the parish of Orleans, right bank,
assuming no liability on account thereof.
The Liabilities and debts of the aforesaid
police jury, under section thirty-fve of the
charter. are expressly assumed and made
New Orleans; but not SO, the debts
and liabilities of McDonoghville
AID Algiers. Where then rests the liabilities
to pay, according to the terms of the agree.
mont? To say the least of it, the matter is
involved in great doubt. I cannot recon-
mend a favorable consideration of the ordi.
nance.
1t is no part of the duties of this office, to
express All opinion upon questions of ex-
pediency; still do lot hesitate to say, that
II the terms Of the agreement are reasonable
and Just,lt will be we'll to effect an amicable
arrangement, or adjustment of the matter,
with Mr. Girardey and his associates: much
better than to invite litigation, with its
heavy expense and hazardous consequences.
1'O'' GEORGE t;Ei}a S. LACEY,
City Attorney.
Whereas. The lighting by gas the streets
OF the Fifth District of this city, late town
OF Algiers and McDonoghville, parish of
Orleans right bank, will prove economical,
an improvement of great utility, and calcu-
lated largely to enhance the value of pro
perty.
Be 1t resolued That the Mayor of the CITY
of New Orleans be aud he is hereby author
lied and directed to enter into negotiations
with the Algiers Gas Light Company, COM
posed OF Messrs. C. E. Girardey, William
McCulloch and J. II. O'Connor, their asso.
crates, or such others as they may associate
with themselves under the name and style
OF the "Aigiers Gas Light Company" to
furnish the Fifth District, late town of Algiers
and McDonoghville, with gas for lighting
said district, and the exclusive privilege of
vending gas light therein, the terms OF the
NEGOTIATION to be submitted to the Council
before approval; provided the same does
not conflict with any privilege previously
granted, or charter conferred.
Mr.. West offered the following which was
received:
DEPARTMENT OF IMPROVEMENTS
City of New Orleans, June 4. ls70. !
10 ne u Honorable the Council of the City of New
The undersigned having had under con-
sideration the petition of John Barr for com.
pensation for damage alleged to have heen
caused to his cab by a hole in the public
street, respectfully states as follows:
1. That the said John Barr has not paid
his license as cab driver.
2 Tat the cab was in such dilapidated
condition that any small shock would in
evitably result in damage to cab.
unfavorablv.
The petition aud communications refer
turned.
Very respectfully,
Your obedient servant,
J. r. WEST,
Administrator.
In relation to other referred matters, Mr..
West reported as follows, the reports in
each case being received and adopted:
DEPARTMENT OF IMPROVEMENTS
City of New Orleans, June 4, 1870. !
To the Honorable the Council of the city of New
Orleans
The undersigned having considered the
petition OF William Condor, respecting
plank walks across Canal street. at the in.
1~k;N Is De- nj
reports that the action Of the
previous Council. to which petitioner refers,
was in Violation of the old charter, and
dor the present charter the work an only