The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-12
CITY COUNClL--OFFICIAL.
REGULAR MEETING.
CITY HALL, New ORLEANS
ur.a.1a.. U.n+sr, tfpr II 19T7.

The Council met this day al Ia ooiooh h' ~
regular session.
Present: Hon. Ed. Pisbury, Mayor, presid-
ing. and Administrators Brown, Oavanac, Denis,
Diamond, Edwards end McOaffrey.
The minutes of the previous meeting were APP
proved and their reading was dispensed with.
Communications from the Mayor and
Administrators.
Tbe following communications were reed and
orfered spread on the minutes:
Cry HALL,
New Orleans, September IL, 1871.
ITO tba Honorable Council Of the city OF New Or
leans:
fyenfsyneu--A communication presented by the
Administrator OF improvements at the last meet
INC of your honorable body contains 80 many
grave reflections upon the official conduct OF the
1pdersigned as in their opinion to require notice
at their hands.
pretermitting altogether the question OF pro-
nriety of form or disregard of official etiquette
prevalent among colleagues In office In the man
mer OF its presentation, and not pauslng TO class
the communieation..ether as protest os privi-
legged question, the fact yet remains that the
subject matter has served the purpose for which
IL was obviously intended in openly arraigning
majority Of this body before the public, as
prompted by unworthy motives and guilty
Of many miedemeanors in their official action
10 that arragnment the undersigned feel that
due reg ard for an intelligent public opinion, as
well as a proper sense Of duty to their con-
stituants, compels ON their part o prompt
and full response. The first ground Of COM
plant which the honorable Administrator
advances is that the Council has seen fit to
declare by ordidance that the control and
guperintendence OF the bridges over the navigs
Bile canals belonged to and should be exercised
BY the Administrator of Commerce in lieu of the
Department of improvements as heretofore. The
Impression is sought to be conveyed that the
president and majority OF the Council pre-
tended TO base their action on the opinion OF
The City Attorney that the control OF those
bridges properly belonged to the Administrator
of Commerce, when in fact the City Attorney had
given no such opinion, but had connned mmseif
10 asserting that under the charter the Depart
ment Of Commerce shall have general superin-
tendepce of all matters relating 10 canals" The
most cursory reference to that opinion, and the
resolutions upon which ii was asked, will show
how dsingenlous is the action OF the Administers
tor of improvements. in endeavorlng TO force
such construction upon the language. That
opinion commences (see official proceedings City
Council. July TO- 1870, 81 have received the
lions offered by Administrator Oavanac at the
hast meeting of the Council. which you referred
10 me for my opinion" and the second of them,
Is shown n the official proceedings Of the City
Council of July 3, reads:
"Thst the Administrator OF improvements be
and he Ia hereby directed to turn over and trans
fer at once to the Administrator OF Commerce
Il was with this object and intent of the reso-
luton plainly before the mind OF the City Astor-
nsy that he says paragraph 2, section 81 II the city
charter expressly. provides that the Department
OF Commerce shall have general superintendent
OF all matters relating to canals and that
The Administrator IL he finds the control In other
hands has right, and 10 is his duty to see that
it be transferred to his department., where it be-
longs"
Paragraph q, section 8, of the city charter es.
tablshes "a department Of commerce, which
shall have general superintendence of all matters
relating to markets, railroads, canals ETC.. etc"
Nor Is anything found In the city charter in any
way in conflict with this provision, but on the
contrary paragraph four OF the same section, pro-
yiding for the Department of Improvements,
says: "A Department of Improvements, which
shall have general superintendence OF all matters
relating to the streets, sidewalks, pavem sns and
wharves, and the construction, cleaning and re-
pair of the same. the construction and repair OF
bridges, and the drainage OF the CITY,"
The fact that the bridges across the navigable
canals, by being open or shut, regulate the use
Of these arteries OF commerce, and con.
trol that important branch Of our city
trade by water communication, shows that
their custody and management belong TO that
department charged with the care OF Its COM
merce, and any other construction would annul
that clause Of the city charter fixing the control
of the canals as Of the most vital OF the ele-
ments Of that department. 1t is equally plain that
the authors of the charter expressly and purpose
ly confined the powers of the Administrators of
improvements ITO the construction and repairs OF
bridges" This was the view taken by the majority
of the Council in which they were confirmed by
the City Attorney, and upon which they pro-
ceeded to act after calm and mature delibera-
fion, during nearly two months time. extending
from the meeting of July to that of August 28,
at which last meeting the ordinance was passed
by virtue OF the indsputable power OF the Ooun.
OIL under sections IL and 10 of section IL OF the
charter, which authorize them to organize the
various departments. 1t ia to be regretted that
Abe Admins rator of Improvements did not ex-
eroise like calmness of consideration end ma
turity of deliberation upon this subject, and thus
have spared our city the humiliating specta-
ole OF q single Administrator resor ing to
the courts, during the midsummer vacation only
10 delay the enforcement of an ordinance of the
city and the sorrier supplement OF an arraigu-
ment OF the Council for the discharge of what
they deem plain duty under the law, and which
they feel convinced tho courts must be ultimately
compelled 80 to decree. To prevent this MULTI
cation Of an ordinance of the city, and the sub
stituton Of the will of administrator for that
OF the whole, through the machinery of the
laws delays, the Council has appointed, under
Abe ordinance, keepers of those bridges,
Ahe Administrator of Commerce having been
enjoined from recommending suitable per-
sons. While it is true that ''clerks and
officers shall be recommended for appointment
by the Administrators OF said departments re-
kpeCtlNolys dnu 10 dppVtutSu ny VIC OuuuGl,
under section eleven Of the city charter, it is to
DO observed that it is the Council who appoints,
and IL In this oaee there existed .'the ridiculous
anomaly" Of al appointment without the recon.
mcndation OF the Administrator OK the depart.
ment, ii il only'by reason of that other unpre.
eedented "anomaly" by which one Administrator
enjoining his colleague from the discharge OF his
duty, has prevented the proper Administrator
from 30 recommending, save by the infringement
OF an order Of the court, and consequent con
tempt Of it's jurisdiction. Nothing stands in the
way OF the enforcement OF this ordinance except
this order OF the court obtained by the Admins
srator of improvements in opposition to the &C
lion OF this body, Of which he is a coordinate
member.
His complaint, for it must be 80 styled, as il
neither p opposes an inquiry into the matter
charged, or suggests any remedy therefor, is
that while an enforcement OF This ordinance |.
sought, the proper observance of others is pur
posely neglected 1t instances 1. ordinance No
1907 approved January 16, 1877, requiring The
removal Of wooden sheds and buildings from tht
ieyees," and charges that ''whole blocks of SINH
lar rookeries and fences have been permitted ts
remain ever since without any assigned reason
therefor" 1t was matter of public notorjety