New Orleans Republican., 1871-10-08
tC0mmunlcAted.1
The Marengo Street Shell Read.
DEPARTMENT OF IMPROVEMENTS, I
City Hall, October 7, 1871.

/
| City Hall, October :. 1871. s
| EDITOR REPUBLICANS: ,.-, 4
As nv name has been mentioned in con.
nection with the proposed shell road on
| Marengo street, desire to make the follow
! ing statement in order that your readers
may not be misled on the subject:
You state in tO-day's issue that / have
sent you an explanation that rather
makes against the proposed improvement ~
The explanation spoken of was hurriedly
| gotten up and never intended for publica.
ton. out was thought sufficient to prove
the error you had fallen into with regard to
| the shell road in question. l will now en-
deavOr to make my explanation little more
clear.
With the phraseology of the petition or
the signature thereto of Mr.. Fell0wes, I
have nothing to do, but will simply state
that the petition was referred to this de-
course OF business, was accepted in good
faith and treated as all others are.
In making the copy Of the petition which
furnished you, omitted, after the, word
''IchOupitOulas," the words IF found
sufficient" go that the names Magazine and
TchOupitOulas are not used as convertible
terms.
The fact of signature to petition is prima
tacie evidence Uf ownership of the number
that a man will voluntarily sign for more
property than he owns, and thereby saddle
himself with greater pro rata of taxation
than properly belongs to him, and the GER
tiGcate OF the City Surveyor is not required
to prove ownership in such cases.
There is ample evidence before this de-
partment that the number of feet signed
TOR on the petition do constitute the major
ity required by law, as will be shown by
*.,l1n 90 :,,Io
back Of petition:
"DEPARrxxSr OF IxPRovExExrs,l
September l6, 1871. )
Respectfully referred to the City Sur
veyOr for report as to whether the majority
of feet. as required by law, are represented
on the within petition. taking Magazine
street as the initial point.
by direction, etc.
wv. D. ASH, Secretary"
''SuRvEroRs OFFICE,
New Orleans September l6, 1871. :
"Respectfully returned to the honorable
Administrator of improvements. with the
information that the within petition has the
number of feet required by law.
NV. H. BELL. City Surveyor"
For the further information of the kEPCB-
LlcAN, will state that the total number OF
running feet on both sides of the streets to
be shelled is 1895, majority of which
would be 665s, while the petition is signed
by the owners of 6672 feet.
The calculation of the cost as published
in the proceedings of the Council is approxi-
mate, but it approaches very close to real
ity. To go into exact figures. the cost will
be: To the city, $28,72 9l: to the property
owners, $24 $40 q; total. So, ,8l3 IL.
The cause of the city's portion being more
than the property owners, is that on Clai-
borne street, a distance Of nearly twenty
hundred feet, there is no private prop
erty on one side of the street; hence the
city has to pay twO-thirds of the cost in
stead Of one-third, for that distance. The
city also pays for all intersections of streets,
so that when the calculation is made the
actual cost does not bear the exact proper
ton of One-third to twOthirds.
In the whole matter the Administrator of
this department has done precisely as the
law requires-no more and no less. When
the owners Of a majority 6f the property
petition for an improvement of this nature,
the city has no option in the case, but is
bound to comply with their request. Ad
ministratOr COckrem is sure of all his facts,
and whole columns of ventilation will not
relieve the Council of its duty to make the
shell road petitioned for.
Very respectfully,
w. D. ASH.