New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-07
REGULAR MEETING.

REGULAR MEETING.
CRY HAIL, New ORLEANS,
$500 Tuesday, February s, 1872
The Council met in regular session at
noon.
Present-Msyor Benz. F. Flanders in the
chair. and Administrators John COckrem
{Improvements), Alfred Shaw Public Ac-
counts,, LIT. Delassize tWaterworks and
Public Buildings), James Lewis (Police),
F. Remick (Commerce). John S. Walton
(Finance), and H. Bonzano (Assessments)
The reading of the minutes of the pre-
yious meeting was dispensed with, and the
journal was approved.
Veto.
The following message from the Mayor
was read by the Secretary:
MAyoRALry OF NEW ORLEANS
City Hall, February g. 1872. )
To the City Council Of New Orleans:
At the last meeting Of the Council, Ad-
ministrator Bonzano offered the following,
which was seconded by Administrator
Remick:
A proceeding offered by the Administrator
of Assessments.
That the Office Of Recorder of the Fourth
District, to which William Weber was
elected by this Council on the fourth day
of April, 1870, and A. E. Billings was ap.
pointed by his excellency the Governor on
the fifth day of June, 1871, be and the same
is hereby declared vacant, and that his ey-
celIency the Governor, as well as the afore-
mentioned recorders, be notified Of the fact.
Upon which the following action was had:
y ! :
The yeas and nays were called, with the
following result:
Yeas Cockrem, Remick. Delassize, Bon
zanO-4.
NAYS Shaw, Lewis
Mr.. Walton asked to be excused from
voting. 4
At meeting Of the Council held on the
twentylffth Of July last, the Council
adopted proceeding" of removal Of Re-
.corders Staes and Dumont, which it was
held and argued could not be vetoed by the
Mayor. Iruled thenlthat motion was nee
essary before question could be put to the
vote, but the Council overrulcd my de-
cision, and carried out their action by
vote Of ave to two. There is difference
between the present proposition and that
in one particular. It was an express act
of removal, and SO declared on it's face.
The present appears to be nothing of the
sort. 1t declares vacancy, and claims
in so far Judicial function which does not
lie in the Council. The removal con-
tanned in it is inferential only, and would
apply to two parties Recorders Billings
and Weber. Recorder Weber is not in
possession, and an act of removal
does not properly apply to him. He
is suing for the ofice-has obtained YER
dict in his favor in the Eighth District
Court, and it would be unbecoming in
us to interfere with its execution, if final;
and as it is not final, and has been appealed
from, it appears to me still the more SO to
interfere with the situation of the parties
litigant. The removal of Recorder Billings
is also inexpedient and groundless so far as
1 know. No charges or act of impeachment
have been preferred against him. One
reason assigned is that it is to save the ne
cessity 70 paying two salaries. fail to see
that such is the case. Our interference in the
question if it have any effect would make
the city liable to both; by sustaining from
interfering the city will be morally entitled
to all available defenses.
The law says that if the Mayor disap-
proves of any ordinance" or resolution"
he shall return it with his objections; other
Wise he ehall sign and publish it, and it shall
go into effect. Where the Council legislates
and carries into effect by its own simple
act, resolution" is the proper form; where
it must execute its power through
others, ordinance" is the form made
use of. All the proceedings of the
Council, excepting voting by ballot, and
matters strictly parliamentary, are included
in essence if not in form in the power to
pass resolutions and ordinances. The
Mayor is member of the Council, with no
power to vote except in case of tie, but
with share of the power and responsible
ties in all public acts Of the Council in the
form Of veto. A thing is not changed by
the change of name. If the Council
should omit the words 'be it ordained" or
"resolved" in an appropriation, or any other
proceeding, y the act in question would not
cease thereby to be what it proposes, or
purposes, in effect. desire to give as mar
row and careful an Interpretation to my
powers as Mayor as the wording and
essence of the law will permit But trust |
the Administrators will see, with me, the |
propriety of my action upon the present
proceeding, both as precedent, and on &C
count of the particular objections set forth.
/ therefore veto the resolution or ordinance |
adopted by the Council, in form of the pro-
ceeding in question.
BENZ. F. FLANDERS, Mayor
ON motion of Mr.. Remick, the considera
ton of the message was postponed till next |
meeting, the Council in the meantime to
consider it in committee of the whole.
Department Reports.
Mr.. Shaw presented his semi-annual re-
mort. which was ordered to be printed in |
form.
Mr.. Walton presented his monthly report,
as follows:
MONTHLY REPORT OF ADMINISTRATOR OF
FINANCE FOR JANUARY, 1872.
DR..
r., balance from December 30, ls7l..... 1928 81
Bills receivable collections .:...::.... t2l0 on
loan tax, 1870, collectlons. 4.Io 81
Cemeteries, 1871, collections. .......... Ioa %
ity railroads. collections. ~ W
S ST. "a Yea 1869 collections ........ 1885 AZ
yonsolidated loan tax, 1862 collections. LA ~
Consolidated loan tax. 1865, collections. 14z4 -
Tty taxes 1863, collections. ........... 760 3!
Consolidated loan tax, 1863, collections. Si2 Al
yity taxes 1865, collections ........... ,663 80
Ity taxes 1870, collections. ........... 6,5SS 81
Drainage collections. ................... I,0N 80
fines and fees, collections. ........... 1851 W
Iround rents, collections. .............. ~ ~
interest, collections. c ;;...;;c. /''o' ~