New Orleans Republican., 1873-08-06
CITY COUNCIL-OFTICIAL
REGULAR MEETING.

Dull.
The minutes o: the las: meeting were az.
proved.
mmanicatious from the Mayor and Ad-
ministraiors.
The following message from the Mayor
was read and received:
MAYoRAL7T OF NEW ORLEANS.
August 5. 1873. !
To the City Council OF New Orleans:
You are respectfully informed hereby
that have appointed the Hon. j. Calhoun
az Administrator Of Improvements ad In
term. to serve as such during the absence
Of the Hon. James Lewis:
LOUIS A. WILTZ, Mayor.
The annexed message from the Mayor
was read. and. together with the accom-
panyirg documents, was received. The
message and the letter from Mr.. McCul-
lob, to which i, refers. was ordered to be
printed:
Angus: $. 1873.
To the City Council Of New Orleans:
/ have the honor to submit herewith a
abatement of William. j. McCullOh, ESD,
relative to certain lands in New Orleans
granted to her by the Congress OF the
United States and now claimed by the State
of Louisiana. In view Of the great inter-
ests involved l recommend the employment
of skilled and experienced agent to secure
the rights Of the city.
LOUIS A. WILTZ. Mayor.
New ORLEANS, August 4, 1873.
To the Hon. L. A. Witt, Mayor of New Orleans:
You requested me to put in writing the
substance of our conversation on the second
instant, that you might communicate 1t to
the Council.
For many years proposals were made by
the Surveyors General Of the United States
for the survey of the townships in which
that portion of the present corporation OF
New Orleans east Of tine Mississippi river is
situated. The appropriations therefor were
so inadequate to compensate surveyor Tor
the performance Of such complicated work
that no one could be induced to under
take it.
Finally the present Surveyor General,
having estimated the survey at $35 per
mile, contracted it on the seventh OF June,
1871, to Ross and Sulakowski. and the city.
by ordinance, became bound for proper
ton of the costs Of survey, commensurate
with it's interests. and has paid. believe.
1866 AZ.
On the twenty ninth day of June, 1872.
the Surveyor General approved the survey
of Ross and SulakowsKi, and transmitted
maps thereof to the the Department at
Washington, with a list Of all the lands
therein shown to be public, which he Sc.
lected Is swamp, inuring to the State OF
Louisiana under act Of Congress approved
March 2, ls49, except lots Nos. ii and II,
section twenty, and lots Nos. 8 and 4, sec
ton twenty nine, township twelve south,
range eleven east (scutheastern district),
which he similarly selected on the seventh
of July, 1873. upon an affidavit of Charles
Rolling and Maurice Hickey, alleging the
same TO be 'swamp and Overtowed unit
for cultivation"
The Surveyor General recently furnished
to the State Register copies OF the maps and
lists of the swamp selections. Vhereupon
A. w. Smythe entered, at the State land
office, on the first Of July, 1873, at the rate
of twenty-five cents per acre, as subject to
tidal overflow. all OF sections eight, fifteen
and seventeen, lots Nos. to 10 in section
twenty, all of sections twenty-five.
twenty-four, twenty.fv and twenty-eight;
lots six, seven eight, nine, ten and eleven,
section twenty nine, and all Of sec
tions thirty, thirty-one, thirty-two and
thirty-three, and, on the eleventh of July,
1873. lots nun bers eleven and twelve, sec
ton twenty, and lots numbers three and
four, section twenty-nlne township twelve
south, range eleven east, together 2l27.27
acres, and on the ninth Of July. 1873;
George +. Brott entered lots numbers one,
two. three and four Of section twenty-one
81 AS acres, as subject to tidal overflow. at
twenty-five cents per acre.
To elucidate these statements l inclOse
sketch representing the entries by Mr..
Smythe and Mr.. Brott.
You will perceive at glance how valu-
able must be the lands embraced in Mr..
Smythe's entry, e. e., the old Metarie race
tho NaU
Tor Navigationl Canal; shell road, Oakland
riding park, the crossings and bed to some
extent of the jackson railroad draining
machine and canals, etc.
You know the character OF the property
more thoroughly than l; but do not think
in proper Interpretation of the word ''tidaI'
any lands south of the Metaire ridge can be
considered subject to overflow by tides.
particularly not since the encirclement Of
New Orleans by levees.
Upon the sketch, the red line exhibits the
claim of the New Orleans Canal and Bank
ing Company, which is now pending before
the United States receiver and register. un-
der the provisions of the act of Congress of
June 10, 1872.
By several enactments the mayor of any
town orr city is entitled, for the benefit OF
its inhabitants, to confirmation of any pub
lie lands within its limits: and a. notable
instance Of the enforcement of these laws
was the passage of an act in 1856. confirm
city of Baton Rouge. then the capital.
1t is needless to cite the many complete
and inchoate titles which will be vexed or
endangered by the entries of DR.. Smythe
and Mr.. Brott. But you are well aware
that the New canal is the property
Of the State, and it seems preposterous
that, in view of its long tenure, privileges,
leases. etc, the State should pass its title
to A. w. Smyt the, at twenty-five cents per
acre to its belt of land, and even the bed OF
the canal, for this was not traversed by
Ross and Sulakwoski as anavigable course,
ard therefore not liable to disposition.
The selection as swamp Of the lands in
question have, as before mentioned, been
re eported to the Commissioner Of the Cen
eral Land Office at Washington, to be COM
municated to the Secretary Of the Interior;
and when he shall have approved the same.
the fee will vest in the State, and the en-
tries by Mr.. Smythe and Mr.. Brott be there
by consummated.
My object is, by respectful protest, TO
estop the approval of the Secretary, and
thereafter to procure his rejection Of the
swamp selections; and, to this end, offer
nv services to yourselves and the Council.
do not intend to censure the Surveyor
General, for he has fulfilled, under oath.
his instructions; nor do l purpose to reflect
upon the State Register, who has doubtless
acted consistently with past custom, and
with all the information afforded him.
With sincere respect, your obedient ser
want. WILLIAM J. MCCULLOH.
The monthly reports, to the Mayor, Of
the Administrator of Commerce. of the
Administrator Of Finance in relation to
taxes past due, and of the Administrator OF
Public Accounts were laid before the Coun-
ell, and were received. Also, the following
joint repor: of the Administrators OF FL
nonca and Pnh,ic Accounts which was like