New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-30

CONTINUED.

cess at noon today.
" Present Mayor Benz. +. Flande
(presidingl; Administrators John Cockre
improvements. Alfred Shaw Public A
counts, L. 7. Delassize fWaterwocks an
$. Public Buildings), F. c. Remick Cor
nlercc), John S. Walton fFinance). and l
=. Bonzano (Assessments).
Mr.. Bouzano, under advice from the CT,
Attorney, reported unfav orally on the p
titlOn Of j. B. Earhart, on behalf of sui
dry notaries, for reimbursement OF city
censes.
The report was adopted.
An ordinance granting exclusive priv
leges to c. E. Girardey and others for la,
ing gas pipes in the Fifth District whic
: was under discussion when tie Counc
r closed its regular session on Friday las1
was laid over, Mr.. Lewis, WHO introduce
it, not being present.
The Railroad Levee Grants.
Mr.. Remick called up and moved tn
adoption Of the following ordinance:
WHEREAS, 1t is of vital Importance tina
new and permanent ways OF communica
ton between the city OF New Orleans anC
the western and northwestern portions O
the State of Louisiana and the State o.
Texas should be established without delay
and
Whereas, The New Orleans, Mobile and
Texas Railroad Company has been for some
time organized for the purpose of construct
ing and building a railroad from the city
OF New Orleans through the western and
northwestern portions of Louisiana, to be
extended into the State of Texas: and
NJ hlrn hnr
that the completion of the said railroad
may be greatly accelerated ii the city
OF New Orleans. in its corporate capa-
| city, shall grant to the said com pany the
right to occupy and Use certain portion
OF the property of the said city OF New
Orleans, for the construction OF passenger
| and freight depots and for carrying on the
business Oh sad railroad COMPANY; there.
fore,
BE it ordained, That the said CITY of New
Orleans, for the consideration state,: in the
preamble hereby grants to the said New
Orleans, Mobile and Texas Railroad Com
pany the right to occupy and Use during the
existence OF said company, for the con
structlon OF passenger and freight depots.
and for carrying on the business Of said
railroad company Ito include the right of
way. all the property Hereinafter de-
scribed, to wit:
l. There Is hereby granted TO the said com.
pany the right to construct and use pas
senger depot upon that part of the leyee or
grounds IL the city OF New Orleans bounded
by Canal, Delta. Poydras and Water streets:
provided that Gravier street shall be Left
open ior the use OF passengers and vehicles.
For the construction of 1reg ht ,lepot
and fOr other railroad purposes. said com.
pany shall have the right to inclose and o.
cupy, as Lerelnbetore stated, all that ground
or space bounded by Girod. Water and
Calli"pe streets, and line parallel to and |
2'0 teet easterty from Water street.
5: SAID company shall have the right to |
inclose Tor Its use and purposes that por-
tlon OF the ievee. battlrre and wharf be-
tween the street laid out between Pile
street and the Mississippi river, aud from
Nalllope street to a point 800 feet below
CaiLope street: and said space and wharf
snail he tor the. exclusive use OF said com
pany.
t. That all ferry privileges granted bv
'he State to the said company be and the
same are. hereby ratified; provided,
First-That from and after the passa %, of
this ordinance no street shall be closed.
Second-lhat no more tracks shall no
laid between those now laid and the waters
edge.
Ihird-That the grants contained IN this
ordnance shall be null and void if the road
% Sabine river and the road to SHREVEPORT
Dc nor completed by said railroad conn any
within the time specified in the acts Of the |
legislature relating to this s,lbact. or
within the time of extension. should the
extend the time OF their com.
,letion
fouttl-Ihat the grants to said company
nall III no manner be construed into a re-
"gnltl"n OF tie right OF the State Lerisla-
aie To donate or grant private property ,
eionging to the city of New OrIeaI. 10 any
ompany whatsoever.
Mr.. Bonzano seconded the motion. {
Ar Shaw raised an objection to tie con-: l
Iteration OF this question at the very start
the ground that the ordinance proposed {
fhing which was not within the granting t
overs conferred upon the Council bv the t
legislature. The Councils powers were Q
'nited and defined by the charter. and be-
md that they could not 90 G
Mr.. Re!nick called for the rea,,j1c of the 4
larter. r
MI Shaw referred the Administrator to |;
ctlon twelve. wherein all the powers OF \
e Council were defined ana laid down. n
lere was nothing there to authorize the | Y
ouncil TO donate property: nothing to !,
thorlze the Council to close streets or 10 o
vert public thoroughtarc t. new des-
iation. He therefore objected 70 the con- n
!eration OF this ordinance. and called a,
on the president to rule it cut of order.
Nj. Bonzano said he had carefully studied II
elton twelve, and said he was satisfied o.
at If the Administrator of Public II
counts MIR. Shaw had been otherwise fay- G.
able to the ordinance. he would have II;
md ample authority for doing what the 4;
uncil now proposed to do. in
sir. Re,nick said the point raised by the III
OF Public Accounts was re
al objection which was proper subject di
argument, but not at this stage of the co
'ceedings. 1t was simply the opinion of on
Administrator of Public Accounts that or
could not legally do this thing. Other
ltlemen, who would not consider it fiat re
y to be considered as good lawyers as
Administrator of Public Accounts. said be
could. Ii the ordinance were passed to- DC
:, it could run the gauntlet of the MAY
veto, and the Mayor, in giving his rea- tn
3 for vetoing it, could use the point ac
ed by Mr.. Shaw. 1t would be tritling pa
the public to delay this matter on
lnicalities mr..
r. Shaw, by way of illustration. asked ma
, introduced into the Council an ordi. to
ce to extend the limits of the parish of rec
ans, or to establish Ninth District pat
rt, or to do any other absurd or impossi- cor
thing would it not be the duty of the 7
ldent to rule it out of order, IN Nniuca y n