New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-14
CITY COUNCIL -QFFICIAL
kEIELgR MEETING.

! tuc COuuCti 1ucC LulS Gay as 5"cbS
O'Clock NJ. in regular session.
Presentation Louis A. Witt. Mayor
presiding. and Administrators Brewster
Calhoun. Fitzenreiter. Lewis. Schneider
Sturcken and Turnbuli.
On motion OF Mr.. Brewster. tbs minute
of the last meeting were corrected by insert
ing the words ''six hundred dollars in tn
blank in the ''Mdinance for the purchase o
certain real estate for the purpose Of ex
tending Burgundy. late Craps street," ant
thus corrected the minutes were approved
Communic atoms from the Mayer and Sd
| minisfrators.
The following message was received from
the Mayor:
On motion of Mr. Lewis, the reading Of i,
was dispensed with and il was ordered &c
be spread upon the minutes:
Gentlemen OF tie City Cornc;i-!n spite
of cur constant care to shun complications
| with controversies which have been ia
progress here during the past five months,
N spite of Our Efforts to contne our action
strictly within the field OF our powers and
| functions as prescribed by the laws of the
| the State, in spite cf our assiduOus and I'm.
| fare OF all citizens and for the promotion Of
| the general good, we are often blamed for
what We do and OItcner still Tor what we
| have not done. This complaint and CEN
| sure sometimes comes from those who have
an imperfect conception of our duties as the
agents Of a corporation, and who are not
acquainted with the laws By which our
action is directed and limited. l have
therefore thought it expedient to note in an
official manner, and as occasion may arise,
the l,uita tons and restraints which are put
upon Us by the laws and courts Of the
State.
will refer now especially to matters per.
tanning to the protection of the city by
proper and sufficient police force, having
been approximately urged to call out and
organize body adequate to the thorough
guarding of the property, homes and lives
vi our citizens. During recent excite.
ments this has been urged repeatedly every
day. and often in a way that seems to blame
sou and me Tor failing 10 do an evident
duty. My answer was that no authority
over the police j. left by the laws to the
Mayor and Council; and now. in justice TO
ourselves and for the information of all con.
cernsd. will cite the provisions of statutes
and the judicial decisions thereon relating to
the police and the pOwelS Of the city gov.
eminent.
Act No. 50. approved March 5. 1862,
enacts, That the Mayor Of New Orleans
be and is hereby prohibited from making
any police appointments or exercising any
police duty, authority or control within the
limits Of the city OF New Orleans;'' and.
That in any case where the assistance of
the police shall(pe necessary for Che execu.
ton of the powers intrusted to the said
Mayor. he shall make application for said
assistance to the Board of metropolitan
Police, who shall in their discretion and
Judgment allow or refuse the cooperation
OF said police force; and that che provisions
of this bill extend to and cover tue parishes
OF ST. Bernard and Jefferson"
Act No Us of 1863 restraints the sheritfs
Of the parishes OF Orleans. jefferson and
St. Bernard from appointing any more
deputies than are necessary. obliges them
70 apply to the Metropolitan Police Board
for any extra force needed, aud 10 furnish
70 >he board list of their deputies. etc.
In section four of that act it is provided
Chat, upon ali occasions OF emergency. or
apprehension of riot, tumult. mob. insur.
rtction or pestiience. all power and author.
ity shall be vested in and exercised eAclu.
.iveiy by the metropolitan Police Board"
Section thirteen of act No. ~ of 1869.
pnacts. 'That the Board Of Metropolitan
Police may, upon any emergency OF appre.
henSion OF riot, tumult. mob, instruction.
pes'ilence or invasion. appoint as many
special policemen without pay from among
'h. citizens as it may DE deemed proper.
Aud during the service Ht any such
special policemen, authorized AS aforesaid.
he shall possess all the powers and privi-
legcs. and perform all the duties tina. may
be. by order and regulations. from time TO
time prescribed"
Section fourteen provides. "That the off
cers and members of the Metropolitan Police
force of the said Metropolitan distr:c: shall
furthermore possess, in every part st this
State, all power conferred by law upon con-
stables, except for the service OF civil pro-
cess, and any warrant, for search or arrest.
issued by any magistrate OF this State. may
be executed in any part thereof by any
mem Ger of the police torce OF the said sie-
tropOlitan district
By section nineteen officers and members
If the police are prohibited from reslgning
or leaving the force excep: by PERMISSION
OF the board
By section twen,y-four it i. enacted.
''that it shall be a lnisGemeanor pun lshable
nv Imprisonment for term not exceeding
two years or by a fine not exceeding 500,
for any person without jnstitiable or excls.
able cause, to use or to incite any person to
use personal violence upon any O; the com.
missioners, officers or members Of the Ne.
tropoiitan Police force when in the dis
charge Of their duties. or for any person &C
guage to them. or for any pei son not an
office. or member Of said police force to
falsely represent himself. with a fraudulent
design upon person or property, as being
such an officer or member. or upon any
time or day to have, use, wear or display.
without authority, any shield, badge. but
tons, numbers or other cnsigns or emblem.
such as are officially WON ov the officers
and members Of the Metropolitan Police
force"
Section thirty nine enacts that il addi-
tior 70 the powers Of exercising exclusive
police authority and making police appoint
men;s over the entire Metropolitan Police
district, conferred on the board Of Metre.
politan Police by section three Of this act
they are hereby invested with anu shall
hereafter exercise all the powers now
conferred by law upon mayors of cities, in
respect to requiring the services of the
military in aid Of the civil authorities to
quell riots. suppress Instruction, protect
property and preserve pubi!c tranquility,
and such investure of power shall exclude
that Of the mayors OF the cities 0i New OE'
leans, Jefferson City anu Carroliton. withjn
these cities respectively, and such powers
shall app.T to tie Sh3ie NetcupOiitan o.
lice district
These enaCtments are now in full force.
The whole scheme of the Me.ropolitou ro-
lice was intended and carefully planned for
the express purpose of divesting the Mayor
and Council of ali police powers whatsoever.
The whole subject was left to the Legis!a'
fure by the constitution of 1868. /: was ;he
Intention Of the trainers of that constitu.
:iop and OF those who framed the laws IN.
der i, that no police powers should he lef:
to the city government. There ~as l.e,tec:
unders landing on the part Of all who sup
,,crted this legislation that the police Of this
ci,v and of the Metropolitan district should
be wholly beyond the control o: city. off
Gals and wholly under the contro! of the
q ..-or.,n,. Of liz. State. and his alinniI tees.