New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-05

are allowed him, and that in cases where
fees are allowed him he had overcharged.
As his counsel consider him entitled to the
fees and charges contained in his bills, as
presented, without reduction or abatement,
it is incumbent on me to show wherein we
differ, and l would remark that my opinion
is sustained by that OF the City Attorney,
and by experts who, with me, examined
the account. hold that he is entitled to
the compensation named in the act creating
the Superior Criminal Court and to nothing
more, viz: A salary of $4,000 per annum;
such fees as are now allowed by law for
issuing attachments, supenas to witnesses,
and writs of habeas corpus; ten per cent of
all fines collected; and such compensation
as the Judge of the court shall Tx tor issu-
ing any process the fee whereof is not pro-
vided BY law. The following is that por,
ton of the act fixing his compensation, and
it embraces all that is to be found IN the
act on that subject:
"The Governor shall in like manner ap-
point a clerk Of said court, who shall hold
his office till the next general election for
clerks of the district courts in the parish
of Orleans. The clerk shall receive salary
of five thousand dollars per annum and
such fees as are now allowed by law for
issuing of attachments, subpenas to wit
nesses and Writs of habeas corpus, and also
issuing any process the fee whereof is not
provided by law the Judge Of the court
shall tx the compensation, which salary,
fees and compensation shall be paid quar-
terlY by the treasurer or Department OF
Finance O. the city of New Orleans"
act no. I0l of the regular session Of the
Legislature of 1870, entitled IAN act to define
and regulate the costs of the clerks, sheriffs,
recorders and notaries public throughout
the State of Louisiana, and providing for
FIXTURES and penalties for overcharging or
falling to perform their duties, and the
mode Of collecting their fees" is the act
which FIXES the fees of clerks of courts, etc.,
throughout tie State. The charges which
they are permitted to make are set forth at
great length, and number upward of forty.
OF these the CLERK of the Superior Criminal
Court is restricted to three-3he issuing of
attachments, 81 each: subpenas to wit
nesses, twenty-five cents for one land when
more than one may be issued, ten cents for
each add tional one, and for writs OF habeas
corpus, 81. He is entitled to none OF the
other fees allowed under this act mo. l0l
of 1870, because act No. l24 of 1870 ex-
pressly limits his charges to the three which
are above Quoted. Yet Mr.. Fiizpatrick's
bill is chiefly made up of charges
which he has no right to make, such
cs motion made by Attorney Gen
eral, ""order of court and filing Indictment"
record ng, docketing and indexing same, )"
'notices Of rule on Attorney General and
defendants counsel" "order of court refus-
"swearing Jurors" swearing witnesses"
"entering and registering sentence" and a
multitude of others Of the same character.
Besides this, he charges forty cents for each
subpoena, a charge that can not be found in
the fee bill in any act of the Legislature,
except in act No. 40 of the extra session of
1870, entitled ian act fixing the fees and
costs Of the clers- of the First District Court
Of the parish Of Orleans" a special act.
under whicl: Ar: Fitzpatrick can not charge.
Having carefully gone over his account
and excluded fees which he is without
authority tc charge. and reduced those
which Ie has tie right to make but which
he has overcharped, consider him entitled
to alary Sill IL, and fees $6l8 O5-total
$l729 16; for which sum l recommend the
passage Of resolution in his fauor, and
that the payment of any greater amount be
resisted. Respectfully submitted,
JOHN CALHOUN, Administrator.
Crdinauces ard Resolutions offered.
The f-ayor, for the committee of the
whole, to VIII I'm had been referred IAN or
dinance to extend the contract for lightins
the cit with oil to Thomas Pickles." re
ported a ubstitute, which was adopted
| unanimously.
~ Mr.. Sturcken, and adopted;
|. For tie relief of Harmon Doan.
.. OF the relief of j. W. Earle, II. r
/ S7.asey, Home Mutual Insurance Company
NJ. Eabenridge, N. Peasant. J. A. Blatfe
! ard Leonard TASK.
On motion Of Mr.. Sturcken DR.. j. A. Re
| don was allowed to withdraw his petition
On motion of Mr.. Lewis authority wa
| granted to him to continue to the thirty
| first instant, Inclusive, the advertisement
for proposals to furnish certain machiner.
for the Upperline draining engine.
| Mr.. Calhoun presented the following OF
binances, which were read the first time:
| An ordinance providing for the payment O
| the several accounts therein named.
| Be it ordained, That the following ap
preparations be and are hereby made, ant
| that the Administrator OF Public Account
warrant on the Administrator of Finance il
| pavment of the same whenever there shall
| be money in the city treasury to the credl
| of the appropriate fund for each account
and not otherwise Appropriated
| Firemen's Charitable Association OF New
| Orleans, for services rendered in the month
of July, 1874, as per contract, Sll ,666 a.,
| Firemen's Charitable Association OF thu
Fifth District for services rendered in thu
month of July, 1874, as per contract, $780,
! Firemen's Charitable Association Of thu
| Sixth District, for services rendered in th,
month of July, 1874, as per contract
| $1133 SO.
| j. Davidson Hill & Co., agents. for rem
| of premises on Carondeiet street known a.
| Davidson's court, used for police purposes
for the month of July, 1874, as per lease
$3.50.
| jill. Ingraham, clerk OF the First Dis
| trict Court, for costs and fees IN sundr.
! crimipa al cases in the month of July, 1874
! approved by the judge OF the First Distric
! Court, $l553 As.
| James Buckley, stationery, etc, for Cit,
| Attorneys Office, approved, SAG 40; sta
J tionery fer Department OF Commerce
| approved, 1871 60.
| Register of cOnveyances, for certificate
| of transfer of property in June, 1874, az
| proved by the Administrator OF Assess
ments, $l36 so.
| P. H. Quinlan, for gas fixtures in Depart
ment of Public Accounts, approved, $40 AZ
| William Kersten, cash advanced for sur
| dries for the Department OF Assessments
$27.
Stern's Fertilizer and Chemical Manufae
turing Company, for removing dead an
mails, approved by Administrator OF Police
| SIS.
J.H. Wilberding, transferee, on accom-
| of past due obligations, $2365 OIL.
| j. N. Folwell, coroner OF the First
Fourth, Fifth, Sixth and Seventh Districts
| for inquests, views and burials in the monti
of July, 1874, approved by the Administra
| tor of Police, $l098.
John Grayer, coroner of the Second an
| Third Districts, for views, i,Aauests an
| hur;o1o in, bo month of INV 1914 onprcI