The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-31
CITY CoUNCIL--0FFICIAL.
sEGuLAR MEETING.
CRY HALL, NEW ORLEANS, l
,v,.a. notnl,n,. an fQtyt-

regular session.
Present. Hon. Ed. Psbury. Mayor, presiding.
and Administrators Brown, Csvanao, Denis,
Diamond. McCaHrey and Rengstora
The minutes of the previous meeting were ap.
proved and their reading was dispensed with.
Communications from the Mayer and
Administrators.
The following communication was ordered
spread on the minutes and referred to the City
Attorney:
RELATIONS or THE CITr or NEW ORLEANS TO THE
poNToHARTRA1r RAILROAD COMPANY CONCERN
ING THE TRACT or LAND KNOWN AS ELYsIAN
FIELDS STREET.
Bernard Marigny was owner of the Cordsnt
plantaton, situated northeast OF the limits of the
city Of New Orleans, ~ existing in the year 1906.
by act No. DC, Of session acts of 1906 page
&c., approved April ~, 1905, 1t was enacted that:
.sWbereas, Bernard Marigny, minor under
che age Of 25 years. together with Solomon Pre-
v0st, his guardian, have by petition represented
chat the said Bernard 10 the proprietor Of plan.
tAtion adjoining the city Of New Orleans, and
that the convenience OF the public as well as his
private interest would be promoted by laying the
eaid farm out into streets and lots, but that by
reason OF his minority no conveyance OF the said
lots cOAld be made, and by the said petition have
prayed that the said solomon Provost be author
lied 10 lay out the said plantation into lots and
streets. confornabe to such plan as may be
made thereof, and TO sell and dispose of the lots
to such persons as may be inclined TO become
purchasers OF the came or any part thereof,
which petition appearing to be reasonable and
Che said plan productive of public convenience
"sEgTIoN |. BE IL enacted etc., The the said
Bernard Marigby, joiutly with Solomon Provost
his gardan, be and they are hereby authorised
notwithstanding the minority Of the said Ber-
nsrd Marigny, to lay out his said plantation into
such lots, streets aud squares. as they, ,eith the
consent Of he city Council Of the city Of Ee,o Or
leans may deem proper, and that plan Of such
division signed by The said Bernard Marigny and
solomon Provost, In which all the intended
streets, squares and other places intended for
public use shall be distinctly traced and marked,
shall, before any sales be made under this act, be
deposited In the Office Of Peter Pedesclaux. to
main 40 public record: and as soon as any lot Of
land shall be sold bounding on any Of The streets
or squares go lad ont and traced on the said map
or ptdn, then and from, The date Of NE conveyance
cfihe said lots the trhoe Of such street or square
on uhjoh he same may be bounded shat be Vested
IN The corporation Of d,e city Of Ner Orleans, for
public use. TO beforeper thereafter kept open as q
s.BEc. g. Authorizes Bernard Marigny to sell
and transfer said property"
In pursuance Of the authority thus conferred.
b. Marigny transformed his plantation into 9
fAubourg, with well marked streets, squares and
avenues, according to plan made by N. Defniels
On May al, 1906, which plan was deposited in the
archives OF the city Of New Orleans.
Mr. Marigny submitted his proposition Of
fAubourg and his plan to the City Council. A
committee was appointed 10 consider the advan-
tages Of the offer. In the report Of this COM
mittee, which is to be found in the ordinances of
the City Council, volume 1906 TO 1915, on the
page succeeding the session Of May II. 1906, we
hnd the following language:
"Besides these considerations, your committee
are OF opinion that the advantages offered to
Che public BY Mr. Marigny, in establishing his
lands into . faubourg, are motive sufficiently
powerful not TO put any obstacles In acknowledg.
Ing the limit which has been traced by order OF
Gov. de Lemoe. These advantages. consist in
the cession to the city Of twelve lots, forming an
entire square, for public square subsequently
called Washington square,; 10 the cession Of
second square for the establishment Of q hospital
II the oession Of fifty feet each bank OF his canal
along the whole depth Of the said fsubourg, to be
used ~ . road and for public promenade" etc.
The report was unanimously adopted on May
Of the city Of New Orleans was passed on june
~, 1905. between b. Marigny and the city Of New
Orleans. by It's provisions B. Marigny accepts
Che stipuatong OF the legislative act of April 10,
1906. confirms the divisions and dispositions OF
the plan and acknowledges making cession in
full property in favor Of the city Of New Orleans
Of hfty feet OF ground along the whole depth Of
che fsubourg on each bank Of his canal, such az
It is described upon the plan for the purpose OF
making streets and public promensdes; the said
cande being mentioned az measuring also fifty
feet, having in mind The intention Of extending il
TO That trtdth If he deems IL proper, etc.; and
Jacques Pilot, the Mayor of the city OF New Or
leans. declares, besides securing TO The said Mr..
Marigny 1,e opening Of his canal, such as it ex-
lists ON said plan, saving his responsibility to all
concerned, for the management Of said canal
and for damages" etc.
n IL well here to give history Of this Marigny
canal, which acquires such Importance in this
discussion. At the date of these transactions
this canal was only an ordinary drainage panta-
tion canal emptying into Bayou 1T. john and
used for plantation purposes only. We quote
from the Testimony Of L. Ii: Pile, in the case Of
the Pontchartran Railroad Company va. the
Mobile and Chattanooga Railroad Company:
am surveyor by profession; have been v-
ing here nearly ffty-one years. / was on The
frst car run on the Pontohartrain Railroad; it
was horse car; know this Was In 1881; IL was
then run in 1882 with q locomotive. *
i am familiar with that locality; there was a
canal then to my knowledge; there was q canal
on Elysan Fields street, from the river down to
the elbow about Florida Avenue. then extending
on Marigny Avenue to the Bayou st. John. have
soen 1t since was child; have often fshed in
III part Of il is still in existence, from Claiborne
street to the elbow, and on Marigny Avenue to
the Bayou st. John; that part on Marigny Ave-
nue. to the Bayou 81. John was widened by the
city OF New Orleans, and lie now used rs a drain
ing canal; this was partly filled up by the Point
charsrain Railroad Company when they built the
road; then some years ago It was filed up
when they were altering w from b. John mt the Bap
the canal It was in use as q canal, but not
for commercial purposes for drawing wood
from the swamp; and at that time, thirty odd
years ago, the canal ran through what was
known as the Marigny plantation, which was
formerly yillau Dubreuirs. IL existed in 1754,
and then the canal was called the canal 'El Mo-
limo dc Arroz." There was mill on ton what
| IL called Peters street now. Mr.
Marigny only used the canal to draw wood from
the swamp. / have never seen any other use
made Of 1t, nor ever known any other. He con.
tinued to use it in the same man.
ner after the Pontchartrain Railroad be.
gan TO run in 1882; but used 1t only 8
few years longer; it is hardly possible to sag
when he stopped using IL. At the time
the Pontchartrain Railroad Company was incor-
porated there was canal in the centre and two
walks, fifty feet wide, on each side; they were
called Elysian Avenue, street, or promenade. In
1880 there was q canal Of forty five feet in width
from Peters street to Goodchdren street, and
or about four feet in depth, and from Good
children street running back to the Bayou st
John II was about twenty Ave feet wide, with
very little water. 1t was closed then Before il