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

without an expensive and useless formsilty.
Besides, we are mot aware of anybody VINO
has . sufficient interest in the matter 70 On
able him to question it in court:
New ORLEANS, May 20, 1876.
l. N. Marks, ESQ.,, President Fizenens Charitable
Association:
The questions submitted by you some days
ago, relative to the ordinance OF the Clty
Council re-enacting ordinance No; iziV, sp-
nroved November %, 1871, should be an
i. Section twelve of the City Charter
providee "Thst the Council shall have full
pover and authority to make and pass such
bv laws and ordinances - are necessary and
pfoper," and according to paragraph six Of
this section, Ito provide the means and
make regulations for preventing and ex-
tingulshing confsgrations." To
regulate the service of persons "employed
in working fire engines"
This is not only q power conferred, but
it ID . duty imperative as to the mu-
nicipal corporation. How this duty
shall be performed is Q matter to be
determined by the officers OF the
city government under the provisions OF
the charter. The sovereign power has not
deemed it necessary to declare how this
duty shall be perfOrmed-the power OF con-
clusiOn in the premises is in the corporate
body. If the city has the power to e1-
rectIy or by its own agents, she has the
power to do it through the Intervention Of
= company created for that purpose. The
Supreme Court of this State has decided
that when the Legislature had . right to
drain the swamps, directly or by its agents,
it had the power to do it through the inter
.vention of the draining company. Elev-
enth Annual Report, page 39l. The Legis.
lature is restricted by the constitution, and
in regard to corporations, it 10 laid down
by the authorities - Q general rule that q
Corporation may, within the limits of its
charter OF act Of incorporation, express
or implied, do all acts and enter into all
contracts that natural person may do or
enter into, 90 that the same be appropriate
- means to the end for which the corpora
ton was created"
If it can be seriously contended that
section twelve and the twenty para
graphs Hereunder refer to duties solely
to be executed by the city officers,
unsound, then the power, right, or privilege
to extinguish fires can not be delegated or
EARNED out" IAN expression have seen
used), either ar public auction or by any
other mode; on this point there can be no
difference of opinion. 1t would be mis-
take to 90 interpret section twelve, for in
its paragraph two direct reference is made
to improvements and works in no instance
performed by the officers Of the corpora
ton.
2. Section twenty-three of the city char,
ter, which it is alleged requires q sale at
public auction, can have no reference
to the ordinance under consideration. Its
provisions read clearly, "That all contracts
for public works, or for materials or sup
plies ordered by the Council, when the
same exceeds $500, shall be offered by the
Administrator, to which the said contract
pertains, at public auction etc.
vent and extinguish copflagratiOns imposed
by section twelve will scarcely be held to
to come under this section. What the
trainers of the charter contemplated by
public works, ETC." can be easily learned
from q perusal of the sections immediately
following, viz: Sections twenty-tour, twen-
ty five and twenty-six, or, for greater GER
tainty, Webster's Dictionary can be con-
suited with this result: Verb. "public
works-All fixed works built by civil en-
gineers for public use, a. railways, canals,
Docks" etc. The city charter, article nine,
section two, specially mentions the term
"ire department" as under the superin-
tendence of the Administrator of Com
mercs.
Ordinance No 1910, Administration series,
section twenty nine, which has just been
re-enacted, declares THAT the Administra-
tor of Commerce shall have supervision
over the fire department created by this or
diDance."
The services availed of by the City Coun-
Gil, for the prevention and extinguishment
of fires, called ''fire CONTRACT" used prob
ably as q convenient term, for beyond that
it is inapplicable, have been lawfully se-
cured.
The power in the Council was full and
complete, and the act or ordinance, in my
opinion, can not be successfully resisted.
Very respectfully,
WALTER Fl. ROGERS.