The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-16
THE SUGAR SHEDS AGAIN.

Edit0r N. o. Democrdt-The people Of tn,
city and State arc indebted to you for the forc
BILE manner in which you defend, Ia your issue o.
Thursday, the fundamental principles have al
along been urging on the City Council In the
matter OF the sugar sheds, and which is involved
in the question propose to them to put before
propsI q
Did the Council that appropriated the public
lcvee to the private use OF . company, and to the
exclusion OF the public. have the right in law Il
Their reference OF the matter to Mr.. Jonas
without an inquiry OF this sort 10 the merest
|mockery. and propose to demonstrate the truth
OF this proposition BY few quotations from the
books which lie on the shelves OF every lawyer in
Louisiana.
1. "The streets Of city and the banks of a
river on which it is built are oce pnblici and the
municipal authorities are bound to secure the
use Of them to the public. They cannot allow any
erection thereon rendering their use incommo-
dious; and though they may tolerate temporarily
works not deemed injurious to the public, no per-
mission OF q council can prevent subsequent
one from putting an end to such liberation
30 works permitted across the street and bank,
10 convey timber to sawmills on lots fronting
he river, the municipal authorities may order Ia
DO removed, no onehaving y right TO perma-
aent occupancy Of the river bank.
Shepard w. Munic; No. 8, 6 Rob. $40.
2. "Public places within the limits Of corpora.
ion cannot be appropriated to private use. G. @.
69, does not authorize the erection Of buildings
|or private em0lument."
Al Herbert We. Benson, An. ITO.
~ 3.".No silence or length OF time can deprive
' Yhation ofits power over public places. It's
ustqalsirpay give an estate by sufferance, but
N. o. w. Magnon, A Mar. 2; Thibodaux vs..
,aggioli.
4. IA municipal corporation has no implied or
cidental authority to ALLEVIATE or dispose Of,
r it's own benefit property dedicated to or held
IL In trust for the public use; nor can it extin-
aish the public uses in such property subject to
payment OF the debts Of the municipality"
Dillon on Municipal Corporations, 512.
5. "rhere can be no damages awarded on ac-
mt Of the removal Of structures erected on q
blic place; for the occupants being there
i bear whatever damage may be caused BY
enforcement OF the right OF the public. 1t is
mum dbsque isyurid."
ibodauxville vs.. Maggiol. 4 An, IS.
1.-THE city is not proprietor OF locus publscas,
only adminislrato It belongs as much to
zen Of Ohio as to . citizen Of New Orleans
place left open for the convenience of
nerce. and for the use Of the whole world
ling hors de commerce."
Municipality No. va. Orleans Cotton Press,
do not think any member Of the Council can
these extracts without being brought to
Gus reflection, but inasmuch as 1t is now clear
to the pen or ideas of some I" limb OF the
who is exercising his powers OF special
ling in the interests OF the Sugar Shed Com
Il, beg of You little more space for review
is editorial OF the 12th inst.
He admits that the title derived by the |
z,any from the Aldermen and Assistant |
srmen may be attacked; but he urges that 1t |
hot the work OF Radicals, but OF Conserva- |
Suppose it Was, does that make the title |
stronser? No matter who conferred the
1t Was q grievous wrong inflicted on the
lunrty, and the work before the Council 10
hit it.
Precisely under what circumstances, legis-
authorities, National, State or municipal,