The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-06-26


Respectfully, etc, john MCCARTNEY,
Administrator
On the petition Of jules A. Blanc, presld emf
Of the Louisiana Oil Company, the City At
torney made the following report
OFFICE Cry ATTORNEY, CRY HALL. [
New Orleans. June as, 1878.
To the Honorable Mayor and Administrators
OF the City OF New Orleans:
Ge'ltLemea-The application Of the Louisi-
ana OIL Company to have the city refund
license Of 1878, paid by it, on the ground of
exemption under section 6, act 8, OF 1878, can
not, think, be granted
FfTst-Beeause section 16 of act 10 Of 1872
provides that the limitation of taxation,
found in the general law OF the State, shall
not apply to the city of New Orleans; and as
the act OF 1878 is such o general law, 1t does
not repeal the special act Of 1872, and Is,
therefore, controlled by section 16 OF the last
mentioned law. This effect and interpreta-
ton Of section 16, act of 1879. has been main
tanned by the Supreme Court In the case of
City OF New Orleans vs. Globe Mutual In
surance Company, and other cases.
Second Because 1T Is very doubtful whether
the Legislature can, under article 118, consti-
tuition Of 1868, exempt any occupation from
Ice license taxation whilst imposing burdens OF
that nature on other trades and businesses.
Should be In error, the oil company Is not
without remedy before the courts
Very respectfully,
b. Il. JONAS, City Attorney.
On the "Ordinance to amend ordinance No.
1914, Administration Series," referred to the
City Attorney at the last meeting, he recon-
mended the erasing of the words land 1t is
further ordained that all produce or merchan-
disc sold by owner or agent without license is
hereby made liable for said fine and penalty,
before or after SALE" and "liable to the fines
IN ~ fI,r,
latter "such as are, by the following report :
OFFICE CRY ATTORNEY, C1TY HALL.
New Orleans. June u, 1878.
To the City Council:
With the erasuTes made above, I think the
proposed ordinance will be legal should the
Council In their discretion think proper to
pass 1t. The Council have no power to adopt
the clause making merchandise liable for the
line and penalty, except as 1t may be liable to
seizure after judgment, like other property.
Respectfully, b. +. JONAS,
City Attorney.
The amendments were adopted and the or
dinance as amended was unanimously adopt
ed, the yeas and nays having been called.
The following report on the petition
against the house No. 22z st. Joseph street
was read and ordered spread on the minutes:
DEPARTMENT OF POLICE. Cry HALL,
New Orleans June 25 1873.
To the City Councils
The annexed petition Is most respectfully
to the City Council. and beg leave
to state that, In accordance with the decision
Of his honor s. J. N. Smith, which is here
unto annexed, the parties signing the Pc
tition, under date Of May ri, 1873, having
failed to establish the truth of their petition,
the accused was discharged.
RoBT. e. DIAMOND Administrator
FIRST RECogDEE's CouGr,
New Orleans, June rs. 1878. !
Hon. r. L. Diamond:
ST-In reply to your request have to say
that In the case Of the State VS.. Sarah Bell:
She was prosecuted under section 9O8, Re
vised Statutes. The evidence showed conclrl-
sively that there was no disorder In the house,
and by the most respectable citizens In the
that they only knew it to be
house Of designation by common repute. No
disorder being proven was compelled to dis
charge the accused.
The only ordinance that / can find that
would affect her case is article 525, City Or
dinances. am Of the opinion that the whole
spirit OF this section must be proven on the
oath OF the petitioners before you could apply
the remedy provided by the section. That is,
the petitioners must set forth in their petition
the ordinance or article 525 of the same and
make oath to the same before magistrate
before presenting it to the city authorities for
Yours, respectfully,
S. J. N. SMITH,
The Mayor and Administrator Of Finance
reported fayorably by resolution on the petit
ton Of Mrs. r. J. Monroe.
The following report was read:
DEPARTMENT OF WATERwoRKs AND PUBLIC
BUILDINGS. !
New Orleans, June IS, 1878.
To the City Council
/ have the honor to report that the follow
ing bids were received on the twenty-flrst in
slant for repairing and altering engine-house
Of No. "a Fire Company, viz:
Henry Wellmeyer. .................$ 1295 90
Oscar Fortier. Observation-Disclosures. 1040 90
" 10. Alrne lO0O w
r. j. Connolly Observation-Disclosures. 997 95
recommend that the contract. be
awarded Cd him and that the ACCOMMODATING
resolution be adopted.
Resi- ectfully,. etc,
JAMES d. EDWARDS,
of Waterworks and Public
Buildings.
The following report was read and adopted
DEPARTMENT OF ASSESSMENTS, [
City Hall. New Orleans, June Is. 1873. !
To the City Council:
/ beg leave to report unfavorably on the
petitions of the following persons, for reduc-
lion Of assessments, viz:
G. Geisser, G. j. Sheperd Il Co., Francis
[ b. IL. n.
5ewell, P. Leblanc, Widow V. Prats and Jacob
Veith.
Respectfully, etc
JOHN E. RENGSTORFF,
Administrator.
The following report was read:
NEW ORLENs, June Is, 1873.
To the Hon. Ed. Pilsbury. Mayor of New Or
leans:
Dear Sir-The undersigned, experts on be-
half of the city Of New Orleans in the case of
Mrs. Gaines VS.. the City Of New Orleans, re- !
5pectfully present for your consideration the |
following facts: 1. That they have made a
examination of the matter referred |
TO them, and have prepared a specific report |
n which full answers have been made to all
5he questions propounded, with explanatory
remarks, resulting from experiments extend |
ng through several days, with inks, parch-
ments and chemicals. 2. That before submit
ing our report to the master in chancery we |
nave requested him to pay, or secure to u.s. |
our fees for the services performed. 3. He |
agrees that our fees, and also the fees of the |
experts on the opposite side of the case,
should be paid, and requests the opposing
parties to adjust them. 4, The onnosite side |
ire willing to pay their experts, bd0ahot those |
the city. 5. The fees we ask are |