The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-05
CITY COUNCIL.

Inc Clty COUNCIL met III regular SeSSlO
yesterday at IL NJ. Present: Hon. Charles j
Leeds, Mayor presiding, and Administrator
Bertoi, Brown, Bouny, Burke Landry, Nc
CArthy aud Plisbury.
The Mayor presented the following mes
sage, which was received and ordered sprea
upon the minutes:
MAYoRALIY or NEW ORLEANS.
City Hall, January 4, 1876.
To the City Council OF New Orleans:
| return without my approval Gan ordi
nance adopting an estimate Of tie receipts o
revenues Of tAe city OF Now Orleans tor th
year 1876"
The proposed rate of taxation contemplate
the levy OF taxes tor schools and police, AS thu
rate is too great unless these taxes are
included.
Under a system of Capitalization recently
introduced into this State, the control o
the schools and police has boon taken from
the local authorities and conferred upon
boards in no way responsible to this CON-
munity or their representatives These
boards are empowered to assess the city IN
the one case without limit, and in the other,
at one time without limit, but lately, a
limit far in excess of what is necessary;
thus, in effect, clothing them with the
power Of taxation without representation.
Believing that local selfgOvernment is one
of those lnalienable rights, interviewer, as 1t
we're, in our American system OF government,
which belongs of right to the people; believ-
ing that the management OF local affairs by
tho local officers and that local taxation by
the duly elected representatives OF those who
are to pay the taxes are privileges inherited
from our ioretathers; fully convinced that in
their maintenance great principle Is involved
which can not be violated without great dan
ger to the liberties OF the people, can not
consent to the imposition of these taxes until
the control Of these institutions, for the sup
port of which these taxes are intended, is re-
turned to the city.
Under this system of Capitalization millions
Of dollars have been squandered, excessive
taxes collected, and great debt accumulated.
Aud yet the scnool teachers and the police
men, who have performed the labor, under
pr tense of which these taxes have bsen i'm
posed, plain that they do not receive the
compensation to which they are entitled.
Year sitter year have our citizens hoped for
relief, and time after time has the hope been
di appointed. An exhausted community, no
longer able to endure this taxation, look to
you. their chosen representatives., for relief
/ am aware that stringent laws have been
enacted requiring the levy of these taxes. l
know that under these laws the Mayor and
office for their noncompliance, and that in
case of such removal, persons not represent
ing this community, nor responsible to it, VIII
be paced III charge OF its affairs and will i'm
pose these taxes. But 80 we'll satisfied am
that there can be no relief to this
oppressed people, unless the control |
Of their own local affairs is obtained. |
that l consider it will DO better that this |
Council, representing as it does, the wishes |
Of this community, should be thrust out OF
office in vindicatlon of the rights of its con.
'tituents, than to be the mere machine |
through which uni ust taxes shall be extorted |
rom an unwilling people. L these taxes are
% be imposed, let it be done by those who |
n no manner represent this people, SO that
he great violation Of principle may be seen in |
III its naked deformity' and the responsible
ty placed where 1t properly belongs.
Even if there were no great principle of
ocal self-government underlying all constitu-
ions and laws, that article Of the State Consti-
ution which says: Taxation shall be equal
nd uniform throughout the State" would
eem to prohibit the Legislature from impos-
ng q tax upon this city which it did not levy
pom the rest OF the State. 1t can not do in
irectly that which it can not do directly.
low, then, can it make law compelling you
D levy tax which it can not levy itself
'hese laws have been cunningly devised to
ompel by penalties of dismissal from Office,
ae imposition of these taxes, SO as to give a {
alidity to them, which they could not other
Use obtain; as, if they are imposed by you,
no are legally authorized to levy taxes they {
ay become legal by your action, as it can not {
ell be determined whether your act was the
,sult OF your own will, or in obedience to
iese unconstitutional enactments.
CHARLES J. LEEDS, Mayor. !:
Mr.. Burke presented thu following opinion,
connection with the Mayors message,
hich were received, and ordered spread upon
le minutes
New ORLEANS, Dec. ~, 1875.
A. Burke, Esq Administrator of Improve
ments:
Sir-Your letter of the ODD inst valves all
'nsideration Of personal responsibility, and /.
moral obligation, resulting from the failure =
refusal to perform y plaln official duty. !
g, therefore. pass at once to the question OF
Q liability of the sureties on your official :
nd
The bond is intended to indemnify the city !
New Orleans Tor losses consequent on Off Il
II mafeasance or nOn-feasance The sure
- are undoubtedly liable to make good to =
. ~ any such losses, to the extent of the
MOUNTS for which they have respectively =
und themselves in the bond. What !
sses, II any, will be sustained by :,
e city in consequence Of failure or I
Fusal to impose the taxes mentioned BY YOU, =,
is not our province to suggest or anticipate. !
is clear no other person than the city OF y
w Orleans, the obligee in the bond, can re- Y
TT to it for indemnifcation; your personal o. ..
bilty is much more extensive; it compre y
nds responsibility in damages to any one ~ ~
the extspt Of the injury sustained Ia the y
sc of AMY VS.. Supervisors, IL Wallace, 1873. {.
> Supreme Court of the United States used s
> following emphatic language: "The rule "
well settled, that where the law required
solutey ministerial duty to be performed
public officer, and he neglects or refuses
do such act. he may be compelled to re- =. =.
,nd in damages to the extent OF the injury . .
sing from his conduct. There is an v
broken current Of authorities to this
'ct."
The legal consequences of the refusal or q
,lect OF the Board of Administrators to y, u,
pose the taxes directed by law wi 1 be = e
ndamus to compel the performance of that W
y, and in the case Of the public debt tax. j.
nullity Of all ordinances, resolutions and VI