New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-26

Il mayor was READ:
April -. 1871.
To the City Council Of New Orleans:
ADMINISTRATORS: The Mississippi and
Mexican Gulf Ship Canal Company procured
an enactment by the late Legislature direct
ing the construction Of q vast system Of
drainage canals and protection levees in
New Orleans and CarrolltOn, and giving the
work exclusively to that company, at the
| fixed price of one dollar per cubic yard for
| excavation and embankment, to be paid by
the city of New Orleans. The act allows
the city only fifteen days from the passage
! of the law to plan and locate the canals,
under penalty of damages against the city
| for delay. but none against the company for
a delinquency in this or any other respect;
an advantage secured only by persons who
draft and enact legislative contracts, and
make their own terms therein. The ink pro
mitigating this contract wass hardly dry
when the company notified the city that
they were ready to 60 to work. The sub-
,ject was promptly brought before the Coun-
Gil by the Administrator of Public Accounts,
who, as the mouthpiece Of the Council. and
as expressing the. views unanimously held
by them in committee, in a few well con-
sidered written remarks said
The bill requires of us impOssibilities. 1t
entails work Of magnitude far beyond our
resources. We have not the means nor the
machinery to perform even the pumping
and drainage required Of us to enable the
company to keep at work. We have not
the power to levy the additional tax that
would he required. The future power to
tax for municipal purposes is limited to two
per cent, except upon a vote OF the people,
and of that two per cent more than one per
cent is required to pay our interest. 1t will
require time to investigate what will be the
total of this great work. No doubt parts of
It are greatly needed, and were proper
subject Of legislative requirement.. Had
the Legislature required us to cause these
things to be done, and placed in our hands
adequate powers and resources to meet the
expense. would not question the validity
or expediency Of this bill. = This
company have the machinery and could
enter upon the work sooner and push it more
etfectually perhaps than any other company
or contractor. But. this does not, in my
opinion. make it legal or constitutional that
the Legislature should require the city of
New Orleans to contract for work with the
Mexican Gulf Ship Canal Company alone.
There is still more glazing injustice. The
act not only tells us with whom we shall
contract, but fixes the price. look upon
that portion of the bill as beyond all doubt
unconstitutional. We are required to pay
fifty cents per cubic yard for excavation,
and fifty cents for embankment, or one dol
lar per yard for removing the earth from
the bitches to the banks. The suddenness
Of the notice and the shortness
Of the time, allowed require us to
be prompt; for to recognize or allow the
liability of the city for one. foot of the work
is to concede its liability for enormous and
unknown amounts. We should know first
the total results involved in our first step.
therefore move the following resolution:
Resolred. That.the Mayor notify the COM
pany officially, and on the part Of the Coun.
Gil, that we do not recognize the cOnstitu
tionality or validity of the statute in ques
ton, especially 80 far as it attempts to fix
price for the city of New Orleans to pay for
purely business and unofficial service, or
limits our rights'to contract freely and vol
UNFAIRLY with such party at such price as
may be to the best advantage of the city,
etc.
The views of the Administrator of Public
Accounts were heartily concurred in, and
the resolution unanimously adopted by the
Council as then constituted (Mr. COckrcm
not having yet taken his seat at the board).
The Mayor Immediately communicated the
resolution to the Mississippi and Mexican
Gulf Ship Canal Company.
At the next meeting of the Council, and a.
full board present. an ordinance was intro
duced, which passed its first and second
reading, providing for putting the company
Immediately at work in accordance with
the act of the Legislature, and at the next
meeting-for the thing has been kept NOV
ing-tO w.t. the last meeting of the Council,
a substitute the same in effect was offered
by the mover of the original ordinance, and
it passed the Council.
This ordinance is the occasion of the
present communication. 1t is entitled Tan
ordinance to provide for the more. efficient
drainage of the city of New Orleans and
its envirens, and their protection from in
undatiOn."
Now, let Us examine it. In the preamble
the Council declares and adheres to its
original position that the statute is invalid
and unconstitutional in fixing the price and
designating. the party to do the work. The
point is expressed, not very happily it must
be confessed, as follows:
"Whereas The Council of the city deems
certain portions of said bill to put IN ques-
ton the right of the city to the proper co1-
troll of its drainage system, and its right
voluntarily to contract for the work and
agree upon a price for the same, and does
not recognize the validity or constitution
'ality of the said act in certain.Of its parts,
yet 1T is deemed proper" etc.
And the third section reads:
1'Be it further ordained, ETC., That the
city expressly declares and notifies the Mis-
sippi and Mexican Gulf Ship Canal Com
pany that it does not waive its right freely
to contract for the work Of excavating the
canals and erecting the levees required
with the said company or any other party,
as may hereafter appear to the best ad-
vantage of the city, and that the directing
or allowing the said company to enter upon
any portion of the said work laid down is
not to he considered as implying their ex-
elusive right to its performance and compile
ton, or to continuing the same further or
otherwise than during the pleasure OF the
Council"
And the last section ordaius:
That the city expressly reserves the right
at any time hereafter to contest at law or
otherwise the constitutiOnality or validity
Of the act, or any portion thereof, and
notifies the Mississippi and Mexican Gulf
ahin Canal COmnany accOr1inply