The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-05

Richardson permission to erect steam engine
at No. So ST. james street. Adopted.
Q. Resolution directing the lessees OF the
wbarves to connect the wharf at the head OF
Ba tracks street with the wharf at the head of
Esplanade street; and specially assigning said
wharf when built for the use Of the Liverpool
Southern Steamship Line. Adopted.
| BY Mr.. MeCaffrey-
Be II resotsed, That the following appointments,
recommended by the Administrator OF Improve.
ments, be and are hereby confirmed:
| Edward Dillon. inspector OF drainage, at sal
ary OF st25 per month.
Gen. A. q. Blanchard, superintendent of re-
pairs to wharves, etc.. at q salary OF $50 per
month.
BE Ii further resolved, That salary be allowed
! said appointees for services rendered during the
| month of August.
| On motion to adopt, the resolution was lost by
the following vote:
| Yeas-Edwards and McCaffrey-2.
| Eays-Brown, Cavsnac, Denis and Dia-
mond-4.
By Mr.. Brown
| |. An ordinance making appropriations for
charitabie institutions fer August, 1917, amount
ing to t3142 66. Read twice.
| 2. An ordinance providing for the payment Of
the several accounts therein named for August,
| 1877, beginning "Firemen's Charitable Associa-
tion," etc. amounting to ia 1888 81. Read twice.
! 0. An ordinances providing for the payment of
the several accounts therein named for August,
1877. beginning "New Orleans Gsslight Com
psny," amounting to $13741 OIL. Read twice.
4. An ordinance providing for the payment Of
accounts named therein for August, 1877. begin
ming 81. d. Houston and amounting to
s5,771 80. Read twice.
s. An ordinance providing for the payment Of
the several accounts therein named for August,
1877, beginning ct. Fitzwilliam Il Co., and
amounting to ts7e9 70.
G. An ordinance providing for the several pay
rolls therein named for August. 1877, beginning
pay rolls OF recorders courts" and amounting
to $6751 65. Read twice.
| 7. An ordinance in favor OF John E. Rengstorf,
Administrator OF Assessments, and A. B. Girls
void Co., amounting TO 1868 90. Adopted.
8. An ordinance in favor of Stern's Fertilizer
and Chemical Manufacturing Company and Z. f.
Lavillebeuvre, amounting to $18 so. Adopted.
By Mr.. Edwards
An Ordinance authorizing the Committee on
smallpox hospital to select the site recon.
mended by said committee, and directing the
Administrator Of Water Works and Public Build
ings, to advertise for proposals for the construc
ton Of q smallpox hospital. Adopted unani
mously, the yeas and nays having been callS4
Communications From Administrators
Resumed.
Mr.. McCaffrey read the following, which wss
ordered spread on the minutes:
DEPARTMENT OF IMPROVEMENTS.
City Hall, New Orleans, September 4, 1877.
To the honorable City Council:
t1,n al, ~ 4 /
August 20, q resolution was adopted annulling
the appointment of bridge keepers made by this
department, and appointing persons to act in
that capacity hereafter who, alone, are to be
recognized rs the legal authority OF the city.
Were It simply a question of patronage and
who is the legal dispenser thereof, I might be
persuaded to leave to the executive officer OF the
city government the consideration OF the legality
or public Importance OF such measure, but the
circumstances which dictated that measure, and
the spirit manifested in it's adoption force me to
oppose It's enforcement and for the reasons here
in stated, to wit: $50.
transferring the control OF the drawbridges to
the Department OF Commerce it was claimed by
the advocstes of that measure that the Admins
traitor OF Commerce being bonded officer, and
sworn to do his whole duty, was bound TO protect
his sureties and his honor by assuming control
over everything pertaining to his Office as de-
fined in the city charter. This argument was
supposed to be strengthened by the opinion OF
|
which that officer distinctly stated that paragraph
two, section nine, Of the city charter, Expressly
provides that the Department Of Commerce shall
have general fuperintendence Of all matters re-
lating to canals: and that the Administra-
tor, IL he finds the control in other hands, has q
right, and it s his duty, TO see that it be trans
ferred to his department, where 1T belongs" and
the President OF the Council, in giving the cast
ing vote, distinctly stated that he was influenced
in his decision by the opinion Of the City Attor-
ney.
Believing that it was as much my duty as that
OF any other bonded officer to protect my securi-
ties and perform all my duties faithfully, and re-
gardng the opinion OF the City Attorney as vague
and evasive-seeing, indeed, that said opinion
did not make the slightest mention of bridges
directly or indirectly, but limited It's effect TO the
subject OF canals, which was not under considers
tion-l felt it to be my duty to bring the matter
before the COURTS in order that 1t might be pass
ed upon by the highest authority and be settled
for Gil time to come. Had the Administrator OF
Commerce or the Council desired such decision
1t could have been obtained and the matter been
definitely settled ere this. But pending the
issue the Council (take it upon them
selves to- assume all legal responsibility in
the premises and declare by resolution that not
withstanding the injunction issued against the
Administrator OF Commerce, and the facts, as
above recited, they are unwilling to wait de-
c1son upon the subject, and therefore reaffirm
the legality OF ordinance No. 4047. They Thus
arrogate to themselves the right to appoint sub.
the city government without even the nomina.
ton by the Administrator Of that department
and that too in direct violation of section eleven
OF the city charter, which plainly says that
clerks and officers shall be recommended for ap-
pointment by the Administrators OF said depart.
nents respectively, and be appointed by the
Council"
We thus have the ridiculous anomaly of Coun-
Gil adopting an ordinance upon the recommen-
dalton of the City Attorney for the sole purpose
OF religiously obeying the city charter, and siz
weeks afterwards adopting another ordinance,
which Is plainly and knowingly in direct violation
of the same charter.
During the short period Of my administration
| have On divers occasions noticed disposition in
certain quarters to eyade the enforcement OF
ordinances when it was found polite or con-
venient 80 to do, and in other instances / have
found that ordinances are rigidly enforced as
against some Of the departments, while others
are permitted to ignore the obligations imposed.
Among those which would enumerate are the
foil 10 wit