New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-10

| posIUlOn was sustaiuou ny tuo ouPrem'
Court.
The School Board then appointed com
mittee to wait upon the Council to demand
an election. The State Superintendent
writes us a communication reminding The
Council that the city owes, under previous
appropriation, a certain sum of money.
We have have had plenty OF lega
opinions volunteered, to the effect on the
one hand that We can and must, If de
manded, call an election; on the other hand
| that we can not and if we do, it VIII DE
nugatory and disputed by the taxpayers.
Those who advocate an election are
divided as 10 whether 1t must be held under
the general registration law for election OF
public officers or can be held IN simpler
form by the citizens in the respective wards
under commissioners appointed by the
Council
The State revenue law in which the pro-
vision occurs is silent on the subject, and
we are without any direction. The law
yers differ. Certain 1t is the tax can not
be imposed without an election
The communication of the State Superin-
tendent suggests that by paying the bal
ance of former appropriation the schools
can get along till next year.
In December, 1869. the then City Council
adopted a budget of receipts and expendi-
lures for 1870, among the latter, for public
schools 100000 This, according to law,
was a regular appropriation to that object
The whole budget of receipts for that year
was raised either by the ordinary city reve-
nues or the three million or floating debt
loan; but the appropriation of S36e,OOO for
public schools was only paid out to the ex-
paid of $I35,1l7 So. The schools man
aged TO get through the year by
the. appOrtionment in advance of State
funds, which, in strictness, belonged
to the future ts7lb. Appointments are
| quarterly and are intended for The expenses
| OF the ensuing not the past quarter. By
| consent in the suit of the Ward Boards VS..
the City Board, the schools obtained a dis
| tribution of the money. but it only post
poned their trouble to 1871 instead Of 1870,
| by using the resources in advance of part
| OF this year. I'd Z
The question is, was there liability on
the part of the city to the public schools,
and can it now be recognized and settled!
There was such liability, for the amount
was levied for and raised, and if otherwise
appropriated would have been an unjustiti-
able diversion of the school fund to other
purposes. True, the city had lost control
of its public schools. but the State had pro-
vided otherwise for their administration,
and this would not make right the misAp-
preparation of moneys belonging to them.
The obligation, therefore, still exists, and
we have the power to provide for it under
act No. 100 May [, 1871, called the
S2,000,0 900 bond act, which includes in the
preamble, declaring the objects for which
the bonds arctic be issued, claims which the
Council may deem it equitable and expe-
dent to adjust. The distresses of the
teachers and other employees of the public
schools make it urgent that the Council
shall act speedily.
therefore offer an ordinance for the pur-
pose.
ALFRED SHAW, Administrator
An ordinance providing fer settlement of
an Indebtedness of the city to the pub
lie schools.
SECTION |. Be it ordained by the Council
of the city of New Orleans, That the sum
of Sl35, l. IL So be set apart in bonds, under
act No. 100, session of 1871, for the settle
ment of the Indebtedness of the city for the
balance unpaid of the $500 900 appropriated
in December, 1862 for the support of public
schools. .. .
Sec 2 Be it further ordained etc., That
the Mayor, Administrator of Finance and
Administrator of Public Accounts be
charged with the distribution pro rata
of certificates redeemable in bonds I'M
der said act No. 100 among the teach
ers and psrters of the public schools
holding untransferred accounts, such dis
tribution to be in part settlement and re-
duction of any claims they may have
against the public schools.
BY Mr.. Shaw:
An ordinance to provide for the issue of GER
tifcates of Indebtedness, and repeating
ordinances 1877 and TAI, Administration Sc
ries. .r
WHEREAS, Owing to the operation of the
statutes requiring the receipt of Metropol-
itan Police warrants in payment of taxes
licenses and debts, and also to various other
causes, the city can not realize its full com
puted budget of revenue in cash for the
present year; while, on the other hand, ex-
penses and debts by causes beyond the CON
troll of the city have become necessary to be
provided for, and there exist past and mat
uring claims over and above what the city
can provide for under previous funding bills
And whereas, 1t is necessary to the credit
of the city that all creditors having matured
obligations and claims, against which the
city has no just defense, should, if desired
by them, receive transferable acknOwl-
edgment of the obligation and equitable in
terest thereon: --...-.
SECTION l. Be it ordained by the Council |
of the city of New Orleans, That holders of |
claims and accounts which the Council of |
the city shall. approve under this ordinance, |
shall be entitled to certificate under its
provisions, ,4f4sf- -..ss r |
SEC. g. Be it further ordained, That such |
claims and accounts shall bear interest from |
the issue of the certificate at the rate of |
seven and three-tenths per cent per annum; |
and said rate of interest shall continue until |
payment or funding under an act of the |
Legislature; and it shall be understood be- |
tween the holders of all certificates here
under and the city, that the city shall not |
be sued thereon until after the adjournment |
of the regular session of the Legislature of |
1872, and in case of its failure to pass sat |
isfactory funding bill.
SEC. 3. Be it further ordained, etc, That |
the first payment Of Interest under this Or
dinance shall be due on the first of January,
1872, and thereafter semi-annually until the |
extinction or liquidation Of the debt.
SEC A. Be it further ordained, etc, That |
the certificate, shall name the principal due,
and shall refer and be subject to the terms
Of the present ordinance. They shall be |
signed by the Mayor and Administrator of |
Finance, and attested and registered by the
of Public Accounts. They |
shall be payable to the original holder or
bearer, and shall be transferable by de-
livery.
SEC. S. Be it further ordained etc, That
ordinances 1877 and 747, Administration
'eries, be and the Same are hereby repealed,
md all certificates under the same be at
,nce called in and settled.
Adopted on a call of the roll
By Mr.. Shaw:
An ordinance to provide for the issue of
certificates of appropriation.
SECTION |. Be it ordained by the Council
If the city of New Orleans, That any
,reditor of the city to whom an appropria-
ton has been made, but in whose favor the |