New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-04

soon as the transcript was completed, i
was promptly fled in the Supreme Court
to wit: on the twenty-seventh day of
April The very day that the record
appeal was filed the Assistant City After
ney was told that Mr.. Fellows, at
torney for the contractor, had applied
for and obtained certificate that the APP
peal had not been effected Mr. Walsh
met Mr. Fellows and asked him if he in
tended to take advantage of the technical
delay in fling the transcript of appeal to
perfect his judgment in the Sixth District
Court. Mr.. Fellows replied that he
would not, and that the Assistant City
Attorney might rest perfectly satisfied
upon the subject Strange as it may ap-
pear, in the face of these facts, which are
derived from Mr.. Walsh, Mr.. Fellows did
take advantage of the technical delay, did
perfect his judgment, and going still
farther, did apply to Mr.. Shaw to register
for payment the very Judgment which he
had taken advantage Of technicality to
perfect. Administrator Shaw refused to
register the judgment, because he believed
that the judgment had been or could be
appealed from and reversed. For his re-
fusal he has subjected himself to this suit
for damages.
This is the way large portion of the
city Indebtedness has accrued. The courts
assume to draw upon the public treasury
in sums that the taxes have not provided
for. In the first place the banquetting
on Peters avenue was private debt due
to the contractor from the people whose
property was improved thereby In the
second place the city charter expressly
denied to the City Council of the City of
jefferson the right to contract any such
debt, and it plainly stipulated with the
contractor that he had to look only to the
property owners for his pay and not to
the city treasury In the third place there
never was any petition from the requisite
one-fourth of the front proprietors, as the
law required, and it was the business of
the contractor to know that fact In the
fourth place the contractor can not set up
that he agreed with the City of jefferson
directly, for he claims under the provi-
visions of the article which provided for
the banquetting by petition.
This being the condition of the facts
and Of the law, the taxpayers of New Or
leans are interested in knowing how a
Judgment was given against them in
matter wherein the law of the contract
expressly exempts them from liability. If
Mr.. Fellows had any suit for damages on
behalf of his client, it seems to us that it
was against the individual aldermen in the
City of jefferson who sold his client a
bogus contract. What is the use of a law
protecting the city treasury if the courts
can override the protection and give to
contractors money which no tax has been
levied to meet? And if Mr.. Fellows
promised Mr.. Walsh not to plead tech
nical delay in taking up an appeal to per-
feet his judgment what damage can he
claim from Administrator Shaw for ac-
cepting his word Mr.. Shaw had pro-
fessional promise from Mr.. Fellows that
the appeal would be allowed to take its
course. This is a sacred engagement
among the lawyers generally, and the Ad,
ministrator Of Public Accounts was justi-
fed in refusing to settle judgment which
he had perfect right to consider as hav-
ing been appealed from.
This entire matter is a curious illustra-
ton of how the city treasury has been
depleted. It will do the people good to
study it in all its details.