New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-24

The Property Hslders' Central Council.
The regular meeting of the Property
Holders' Central Council was held last
night at the Grunewald Hall. Mr.. A.
Mitchell, president, in the chair.
The following interesting communication
was received from the Fifth Ward Union,
and referred to the legislative committee:
New ORLEANS, May 1S, 1876.
TO the Officers and Members Of the Fifth Ward
Property holders' Union:
GENTLEMEN-Among the numerous abuses
he:ped upon this people during the last
eight years there is one that can not re-
frain from bringing before this body, and
recommend that after its consideration it
should be sent to the central council, with
the request that action should also be taken
by that body to relieve Us Of such an i'm
position.
Before the advent to power of the memo
rable WarmOth, when q person was delin-
quent for his State taxes, notice was sent
him to that effect. On this notice all his
property was described, and q certain price
was charged to him for said notice; but the
carpet-baggers, in order to draw our money,
decided that this notice should be sent for
each piece Of property separately, thereby
compelling us to pay for five, ten, twenty
or thirty notices instead Of one. This ques-
ton appertains more directly to the Legis-
lAture. Be it therefore
Resolued, That when accepted by this
council this document shall be sent to the
central council. and if approved by that
committee in order that they should take
action upon it as soon as practicable.
Respectfully,
V. DEMORUELLE.
Mr.. Chretres moved to amend the fore
going resolution to the effect that it would
be more advisable to inform the central
executive council of the abuse existing and
the necessity OF appointing committee to
confer with the tax collectors in order to
restrict them to the word of the law; that
the law requires only one notice for all the
properties owned by one owner, instead of
one notice for each property upon which
taxes are due.
The said amendment being seconded by
Mr.. Edward Rousset.
New Orleane, May %, 1876.
E. s. MARTENSTEIN,
Secretary Fifth Ward Union.
The document was received and referred
to the legislative committee.
luton, which had been laid over from last
meeting:
WHEREAS, In recent suit, on applica-
ton for q mandamus in behalf of Mesers.
w. j. s. Peterkin, James Wo0dick and
Morris Ranger vs. Mayor of New Orleane,
in which appeared Messrs. Semmes & Mott,
Clark, Bayne g. Renshaw, Labatt, Aroni &
Clinton, and H. B. Kelly, legal gentlemen
of high reputation at the bar, in order to
compel this city to levy Q tax to pay the
,n;0 ~ Of oofr Ia
in 1854; and
Whereas, In the decision rendered by
Judge Billings, before whom this case was
tried, the following language was employed:
"But among the statures of the State
with reference to the city of New Orleans,
and among the general statutes of the
State, are found acts that give the absence
of any particular means Of payment in q
city ordin1nce creating debt q special
significance"
The act of 1852, No. 81, entitled IAN act
to consolidate the city OF New Orleans and
provide for the government" etc., section
thirty-seven, page fifty.four, contains the
following provision:
.'And no ordinance (of the city of New
Orleans creating debt or loan, shall be
valid, unless for some single object, or
work distinctly specified therein, and un-
less such ordinance shall provide ways aud
means for the punctual payment of run.
ming interest during the whole time for
which said debt or loan shall be contracted
and for the full and punctual discharge at
maturity of the capital borrowed or the
debt incurred"
The act of 1853, No. 25S, page 234. pro-
vides that the police juries of the several
parishes OF this State, and the constituted
authorities of incorporated towns and cities
in this State, shall not hereafter have power
to contract any debt or pecuniary liabilities
without fully providing, in the ordinance
creating the debt, the means OF paying the
principal and interest of the debt as con-
tracted: n
Now. since the general statute and the
statute with reference to the city of New
Orleans struck with nullity all obligations
of cities unless the ordinance creating the
same fully provided for the payment, there
fore be it
Resolred, That inasmuch as the railroad
series of bonds issued in 1854 "are stricken
with nullity,' in consequence of having
been issued in violation of the general stat
ute of this State and of the statute with
reference to the city of New Orleans, that
we are opposed to their being funded in
the premium bond scheme, or acknowledged
as an obligation of this city in any manner
or form.
Resolced, That copy OF these resolutions
be rendered to all the papers of this city
for publication in the interest of the gen
eral public, and that certified copy OF the
same be transmitted to the Mayor of this
city by the secretary of the Central Council
of the Property Holders Union
A lively discussion arose upon the adop-
ton of the resolution which was partioi-
pated in by Messrs. Tebault, Scanlan,
Thompson, Delavigne, Mitchell and others.
The council adjourned without taking any
action, as during the discussion several of
the members left the room, breaking up the
quorum.