The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-18
tCommuufented.I
THE COUNCIL AND THE SUGAR SHEDS,

| Editor Democrat I'm your edition of Mon
| day you speak OF the Council in committee Of
the whole, having reached the determination
Of not abating the law in the case Of the Sugar
! mined bey0nd doubt what the law in this case
| actually is, there can be no question OF the
propriety Of enforcing it's strict application.
The company has no desire or intention of
| evading the law, but on The contrary, ID soil
citous Of submitting all disputed questions to
| the courts for Interpretation and final de-
| cision.
| It Is scarcely to be expected that the COM
pany should assent to an Interpretation OF
| the law by the Council which IL totally at va
/ rance with the decisions Of the courts, and
which would result in financial disaster; nor
can we believe that the Council would insist
| upon such Interpretation simply because Of
| it's power to do so. This would be an unwar-
| rantable assumption OF judicial authority,
| and an exercise OF power alike arbitrary and
unjust.
In the discussion Of the Sugar Shed matters
| two questions are considered by the Council,
viz: t g tariff Of prices charged by the com
pany and certain back taxes alleged to be due
| by the company to the city.
Although these questions are separate In
nature and by their solution, affecting diff
fereut interests, the Council treats them In
sotitlo and makes the settlement Of one con-
tingent upon the settlement Of the other. Tn
other words, the city refuses to arbitrate be-
tween the two parties at issue until one Of
them the Sugar Shed Company shall have
paid her an unaudited and arbitrary claim for
back taxes. AS the company Tesists this
claim as unjust and tinwarTanted by law, 1t iss
fair to presume that the vexed question OF
tariff will remain open until some arbiter
other than the city can be selected.
The question Of tariff had it's origin I'm q
memorial addressed to the city by various
merchants and dealers who sought an abate-
ment Of the rates charged by the Shed Com
pany. They alleged these rates to be in ex-
cess of those authorized by the charter. This
k,a hal
The city was called upon to arbitrate between
the two and to establish by ordinance tariff
that would be mutually satisfactory. The
memoriaists desire this alone, and they fail
city can collect taxes which, Ii due as alleged,
should haze been collected long since.
The claim for back taxes urged by the city
seems to be totally unfounded, inasmneh as,
In pursuance OF an agreement, the company
has regularly paid and the city regularly re-
ceived bonus In lieu Of said taxes.
II it be decided that this substitution is in
valid then the city could only claim the ex-
bonus paid and the company would have the
tight to pay this difference In scrip. In no
possible event could the company be coIpY
PEELED to pay both the tax and bonus.
AS by the terms OF the contract betw
them the Sugar Shed Company surTende
to the city one-half the sheds without cost a.
the expiration OF the lease, as compensation
in full for the occupation, the city cannot
property leFy d bd8 III IfiI5 pOEbiOu.
| understand the attitude of the Council to,
be this: to demand from the company the
payment of over $4,000 Of back taxes,
alleged to be due; to allow no credit for the
bonus already paid, and to require the estab-
lishment by the company OF a tariff OF rates
entirely inadequate to the benefit conferred
and the services rendered by it.
Such course, if possible, and persisted in
by the Council would inevitably lead to one of
two results: Either the company would be
compelled to suspend business or In self de-
Tense to avail itself OF all the extraordinary
rights and privileges conferred by its charter
These rights and privileges are positive and
well defined: comforting not only the privi-
lege of handling the entire crop Of sugar and
molasses landed at this port, but compelling
also strict compliance with the laws Of con-
Can the Council afford to force the company
into this attitude? [ think not.
The report recently rendered by commit
tee of the Council, specially charged to inves-
tigate the operations Of the Sugar Shed Com
pany under its charter, points out clearly to
what extent the privileges and rights OF the
company may be carried.
believe that / but echo public sentiment
in advising that the question Of tariff be de-
cided upon its merits alone and that the
question of back taxes be submitted to the
proper legal tribunals in order, that decig-
ion may be had, at once impartial nom
partisan and decisive. SACCHARISE
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