New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-30
I have the honor to submit herewith .
proposition toAmend said ordinance.
Very respectfully.
Administrator of Commerce.

Very respectfully.
Administrator OF Commerce.
An ordinance to amend an ordinance di-
viding the city into two wood and coal
divisions, etc. adopted April %, 1870.
Be it ordained by the Council Of the city
OF New Orleans That section three OF an
and coal divisiohs, etc., No. 80, Administra-
ton series, adopted April %, 1870. be and
is hereby 60 attended as to read, that from
and after the flteenth day of May, eighteen
hundred and Fventy, it shall be unlawful
for any persqh to sell, or offer for sale or
deliver, any ftewood or coal, at retail, from
Any wagon, cart. vehicle, yard or other
place, until tie same has been measured by
one of the inspectors or assistant inspectors
aforesaid, and his certificate obtained there.
for: that all cord wood brought to market
within this cty shall be at least four feet in
length. including one-half the kerf. except
for purposes in which shorter wood is pre-
ferred; all wood to be well slowed and
packed, ard all crooked wood shall be
class(d as refuse wood.
Belt further ordained, That all charcoal
0ffertd fOrbale in this market in eacks, shall
be inspected by one of the inspectors or
assistant Inspectors Of wood and coal,
whose duty it shall be to paste label
on the mouth of each sack inspected,
which label shall state the contents of the
sack shall contain one barrel of coal. The
inspector shall be entitled to receive from
theseller two cents for inspecting and label
ingeach sack.
1r. West doubted whether the charter,
Which prescribed in express terms what the
civ government might do, gave any power
tocharge an inspection fee.
Mr.. Emley thought that the charter. in
sying what the Council should do, did not
Iean to say that they should do nothing
Use.
I The report was received, and the ordinance
was ordered to be printed and laid over.
Mr.. Pierce presented the following re-
port:
DEPARTMENT OF POLICE,
Administrator Office
New Orleans, June Is. 1870.
To the Council of the City Of New Orleans:
GENTLExEN-The petition of Mr.. ]. Rush.
BAN, under date Of June II, sets forth facts
in substance as follows: That on January
26 he took out license for q wheel of for.
tune. signed by the Controller and Mr..
for which license he paid the
sum of fifteen dollars and forty-fve cents,
tor the year ending December 81, 1870; that
the city government, in March last, passed
an ordinance forbidding further use of such
license; that he has, therefore, been de-
TERED from doing business, and ssks for
''eatisfaction;" and that, If the Council
does not grant this, he shall sue the city for
all his claims.
The ordinances authorizing the contract
with Mr.. Hernandez, granting him the right
to collect certain license fees, are Nos.
1868 and 1856, new series.
Ordinance No. 1868, approved February
9, 1869. authorized the Controller to adjudi.
cate to the highest bidder, after five days
notice in the official journal, the contract
for collecting the license on all itinerant
peddlers, agents, and all who
sell merchandise of any description, by
sample or otherwise, and without any os-
place of business, for the term of
one year.
The contract was adjudicated by the
Controller to B. F. Hernandez for the sum
of four Thousand seven hundred and fifty
dollars (S475O). approved March 20 (see or.
dinance No. 1856, new series), and the
Mayor authorized to enter into contract &C.
cordingly.
Under these ordinances, the contract with
Mr., Hernandez could grant the privilege of
collecting license fees only from itinerant
peddlers, agents, and such as
sell merchandise by sample or otherwise,
without any ostensible place of business.
Under none of these heads can the opera
ting of wheel of fortune be classified, and,
there was no authority granted
for issuing license for such purpose. It
could have been issued by the Controller
only through the customary channel
through the Treasurer-upon the payment
Of the license fees fixed by law, and the re.
ceipt of Mr.. Hernandez on this paper, pur-
porting to be license, has no more binding
force upon the city than that of any other
person on the street.
Furthermore, the contract with Mr.. Her.
nandeZ was for one year. By just inter.
probation it would seem to grant the right to
collect these license and fees for the year
1869 only.
1t is, therefore, recommended that the
Council disapprove of the request of the Pc.
Respectfully submitted.
E. w. PIERCE,
Administrator of Police.
Mr.. Walton stated that there had been a
great many of these licenses issued for the
year 1870, and the question was whether the
innocent holders were to suffer. He had
four cases before him that dsy-all people
in extreme poverty-in three of
which ten dollars had been paid, and in one
case five dollars for license, which the con-
tractor had no power to give. Rumor said
the contractor had made some ten or fifteen
dollars by the operation. The
question he (Mr. Walton) would like to have
The Council act upon, Was whether the police
should be allowed to interfere with
these poor people holding Mr.. Hernandez,
licenses. The probability was. that the mat
ter would be brought before some Of the
courts, but the question the Council ought
to decide, was whether there should not be
some proceedings instituted against Mr..
Hernandez for his conduct. He moved that
the question be submitted to the City Attor
ney for his opinion as to the legality of these
licenses.
Mr.. West seconded the motion, which wa
carried, and the report was laid over.
Mr.. Emley presented the following re-
port on the claim of Mr.. B. Claverie,