The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-10

OFFICE Cry ATTORNEY,
New Orleans. October 8, 1877.
To the Honorable Mayor and Administrators OF
the city Of New Orleans:
Gentlenen-I have examined the questions
submitted to me under resolution No. 4II9, A. H.,
approved September Is, 1877, 10 relation to the
sugar shed question, and have the honor to
reply
l. am Of opinion that the Council has no right
to declare, OF its own motion, the forfeiture Of
the privileges granted TO the Sugar Shed Oom-
pany, under ordinance No. 1923, new SERIES for
exacting illegal and excessive rates of storage,
even Ii the facts are undisputed.
The ordinance contains no provision for such
forfeiture. II the company has violated its CHAR
tor, forfeiture can only be obtained by suit
and 8. The answer to tho first question rem
ders an answer to the second and third unneces-
Bary.
4. In answer to the fourth question would
say that the charter already preseribes the rates
to be charged by the Sugar Shed Company, and
1t would be useless to pass anoti er ordinance to
force the company to adhere to those rates. II
the company violates lite charter, decree of for
fixture can doubtless be obtain ed from the courts
on one proof thereof, and al persons dealing
with the company can ntest the payment of IL
legal charges, and recover back money illegally
extorted from them.
o. "In the event Of determination of the
Council to forfeit the charter" judicial proceed
ings will be necessary, and in order to procure 4
decree OF forfeiture it must be proven that the
company have violated their charter, and think
She proof should show palpable and williul VIC.
lation thereof
6. In case such decree OF forfeiture was OBJ
tanned the court would doubtless inquire into the
equities existing between the parties, and reuder
substantial justice between them. II the city OBJ
tanned decree Of forfeiture Of course she could
not be held responsible in images. but would
probably be held liable to pay for the value OF
the improvements. should she elect to ksep them
7. have read the charges made In the public
press against the sugar shed Company, and do
not think that If established they would enable
the city to obtain decree of forfeiture.
have also read the report Of the special COM
mittee OF the City Council appointed to examine
into its affairs, and while that report charges
some irregularities upon the company and claims
that the company is indebted to the city, yet
In my opinion would authorize judgment Of for
feiture OF charter against the company.
Indeed the report does not recommend for
FIXTURE, but simply an amendment Of ordinance
No. 1928 in relation to charges.
think 1t due to myself to say word in an
swer to the remarks OF the honorable Admins
traitor OF Improvements which fiud reported in
the proceedlngs Of the Council as follows:
MI McCaffrey stated that the City Attorney
(Mr. Jonas) had carefully read the committees
report before it was submitted to the Council.
and that the ordinance offered by the committee
had been written by the City Attorney himself"
MIR. McCatfrey read his report to me and told
him that II was in proper form. Ihad no con.
Germ with the matters involved, which had not
been referred to me-
/ srote the or,iit for him, from memoranda
dictated to me by him, to be put in proper form.
The charter of the city makes it the duty of the
City Attorney to draft ordinances when called
called upon by the Administrators so to do.
was informed by air. McOaffrey that the pro-
posed ordinance would be acceptable to all par
ties in interest, and would form the basis OF SET
Element.
Individually, had no opinion or information
on the subject Respectfully,
B. F. JONAS, City Attorney.
Financial Business On Final PASSAGE.
Mr.. Brown called up the following ordinances.
which, having been read twice, were now on their
third reading:
1. An ordinance providing for the payment of
the several pay rolls therein named for Septem-
Der, 1877, beginning ''oficers. clerks and en-
ployes in the Department of Finance and
amounting to s20,026 IL.
Passed unanimously, the yeas and nays having
been called.
q An ordinance providing for the payment of |
The several pay rolls therein named for Septen-
Der. 1877. beginning 'sstreets, wages and
70 s65oa 50, ths total having been