New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-21

sons-abundance of them-why it would
be unwise for the Council to pass this ordi-
nance. The clause continuing the privileges
| given to the railroad which had been put
in by the City Attorney had beer stricken
| out.
Mr.. Bonzano said, with all Difference to
the legal abilities of the City Attorney, he
had it from the representatives Of Charles
Morgan that they were willing to assume
all the risks that litigation might bring
In all his experience in the Council and out
of it he never knew fairer proposition
than this.
Mr.. Remick said he wished to rise to
to question of privilege. When this ordi-
nance was finally passed, he called ON the
Mayor and asked an early consideration of
the matter, in order to provide for the
accommodation of those who were to be
displaced, but could get no satisfactory
answer. From that time to this the Mayor
had said nothing to him with regard to the
| question of legality, and he had no means
of knowing, except by rumor that there
was such question. 1t seemed to him that
it would only have been courtesy for the
| Mayor to have consulted him and the other
members OF the Council on the question
and not to have waited till now and put the
| Council in the position of wransling over
this matter. He had no interest in this
matter, but he thought every member of
| the Council was entitled to equal cOnsidera-
| ton, whereas it appeared that only a Sc
| lected few were advised with about this
! illegality. That is the reason he had taken
the somewhat peculiar action he had
adopted to-day.
Mr.. Walton in the chair.
The Mayor took the floor, and said:
The gentleman says l ought to have con-
! suited with him and the others. presume
| he means to say-otherwise than in open
Council. Allow me TO say that have con-
suited with this Council thousands of
times, and my opinions have, OF course,
been smothered by the fact that those con-
situations were in private. A question of
this magnitude ought to be discussed be-
fore the public. 1t involves the appropria-
ton of large part of this port for ten
years exclusively to one man. 1t involves,
moreover, violation of law which we are
testing in the courts to go to the Supreme
Court of the United States. 1t is to Charles
| Morgan these rights are to be given, not to
the railroad.
Mr. Remick: Excuse me; the preamble
distinctly says it shall be for the exclusive
use of the railroad.
The Mayor: 1 supposed the Council
would have had the courtesy to give me
time to lay before them all my reasons
against the ordinance. This is thing
which has never taken place in this Council
before, that any member who offered rea
sonable grounds for reconsideration should
be crowded out, and regret TO say it is
step which does not commend itself for
repetition. The gentleman says he has no
interest in this thing, and he has said so
every time he has brought it forward.
also have no interest in it the same sense
that he has not.
Mr.. BOnzano: What is the sense.
The Mayor: Individually, but l have a
general interest, and so have you. When
went to consult the attorney who, by the
charter is made our legal adviser, and is
assigned the duty of drawing up our ordi-
nances, he said to me: :" 1t Is exceedingly
strange; when, under the direction of this
Council, / am preparing brief which in
wolves millions of money, they come for
ward aud do the same thing themselves
that they complain of" Here is the Council
claiming from the Chattanooga railroad our
levee-
Mr.. Remick: Is not this State grant
without consideration!
The Mayor: The attorney says this ordi.
nance is directly contrary to his plea. At
this time Mr.. Morgan is suing the city for
| 10000 for an old shanty which was never
worth $4,000 and is claiming other rights
and privileges on the wharves, just as the
| Chattanooga railroad has done. | say again,
everything which will encourage trade and
business ought TO be done, and am in favor
of giving facilities to Mr.. Morgan and every
| one else, but | am not in favor of embar-
RAISING the city by absolute grants. Let the
| ordinance be so wOrded that the Council
may resume the wharf on paying for the
| improvements put upon it, or in such a way
| that if the Opelousas railroad is taken away
from Mr.. Morgan by the suit now in court,
the right may revert to the road without his
having the right to levy heavy fines and
penalties from the persons into whose hands
the road may fall. l ask that this subject
be thoroughly considered. 1t has not been,
and there is no time to-day.
Mr.. Remick moved that the Council take
recess till tomorrow at twelve, to con-
slider these views.
Mr.. Shaw: | think there is little wrong
on both sides. The Mayor has been lectur-
ing the Council little, and | don't say
that he has not the right to do so, but he is
little to blame himself, and perhaps the
Council ought to give him slight lecture.
His fault in the matter is this, that he did
not go to the City Attorney at the time the
charter authorizes him to do so. The Adj
ministrator of Commerce has shown par
ticular care in drawing up this ordinance.
1t was left over several weeks and mo-
ton to reconsider was made by the Admin
istrator himself / have been very well
satisfied with the course of the Administra-
tor of Commerce on this subject, and ac-
knowledge | have not given it so much at
tention as ought to have done, but have
the excuse that have had other important
matters to attend to. | do not feel as well
satisfied as ought to be on this question.
The Mayor has the right to ask the City
Attorney about the constitutionality or le-
gality of any ordinance. but he should do