The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-22
CITY COUNCIL--.OFFICIAL.
REGULAR MEETING.
Cry HALL, New ORLEANS.
Tussday. NAV 81. 1878.

IneSUhy, mHy a. 1918.
The Council met this day at IL o'clock m.
in regular session.
Present-Hon. Ed. Pisbury, Mayor, pre-
siding, and Administrators Brown, Cavanac
Denis, Diamond. Edwards and Rengstorfr.
The reading of the minutes of the pre-
yio1s meeting was dispensed with, and they
were approved as printed.
Communications from the Mayor 9nd Adj
m1nistratOrs.
The following communications from the
Mayor were read:
MAYoRA1TY or New ORLEANS |
City Hail. May II. 1878 I
To the City Council:
At the request of the committee on railroads,
I return for amendment an ordinance grant
ing the right OF way for railroad from Basin
street to Lake Pontchartrain.
ED. PIsnURy, Mayor.
Mr.. Cavanac moved TO reconsider the vote
1y which the ordinance had been adopted
Carried unanimously
Mr.. Cavanac then moved to amend the or
slinance by striking out the words "such por-
fion of" in the first and second lines of ar
ticle 8. The amendment was adopted and the
ordinance, as amended, was then unanimously
adopted upon call Of the roll
MAYoRAITY OF New ORLEANS.
City Hall. May 81, 1878.
To the City Council:
have considered an ordinance adopted at
the last meeting Of the Council authorizing
the Administrator Of Finance to receive from
Charles Fit2enreiter the sum of $500 per
month. instead $305, as stipulated In the
lease OF the Third District ferry.
The lease was adjudicated in October last
under sealed proposals, at which various bids
were made varying from 1905 down Sl60 per
month.
Mr.. o. A. johnson became the purchaser
Tor the highest sum. Other parties bid from
1856 down.
The acts of the Legislature and the deci-
Sions Of the Supreme Court seem to prevent
the city from relieving q contractor from a
strict compliance with his contract, unless,
in the opinion of the Council 1t may be just
and proper, and for the interest of the city
1 consider that the public interest would not
be promoted by the change proposed.
The terms of the lease may be onerous at
present. but MS IL has still nine and half
years to run, 1t will undoubtedly prove val
liable and profitable franchise hereafter.
Besides this, the lessee Is now I'm default
having failed to meet his first note, due on the
first of May, for $780, and. according to the
terms OF the contract, the city can take pos
session at any time.
For these reasons return the ordinance
without approval.
Ed. PILsBURy Mayor.
Mr.. Cavanac stated that he had thoroughly
Investigated the case and thought that JUS
tice demanded that the relief asked for by the
lessee be granted. The City Attorney had
decided that the City Council could take such
action as was proposed by the ordinance. and
previous administrations, as well as this one,
had modified contracts or released contract
ors from their obligations when the facts JUS
HnL In, r.,
cited number Of ordinances adopted by the
several Councils since 1870. He. therefore
moved that the ordinance be adopted. the
veto of the Mayor to the contrary notwth-
standing, and called for the yeas and navs
which were ordered, resulting in the adoption
Of the ordinance by the following vote:
Yeas Cavanac, Denis, Diamond. Edwards
Rengstorf-5.
Nay-Brown-1
In voting YEA" Mr.. Rengstorrr stated that
since he had voted against the resolution at
the last meeting, the opinion of the City At
torney. and the fact that this and previous
Councils had granted relief in similar eases,
had caused him to change his opinion on the
subject.
MAYoRALTy or New ORLEANS. !
New Orleans. May 20, 1878
To the City Council:
For the reasons assigned In my commlnica-
tien of the fourteenth instant, hereby re-
turn without my approval an ordinance
adopted at your last meeting. In relation to
changing the location OF commanding officers
OF precincts.
Ed. P1LsBURy, Mayor.
Mr.. Cavanac made the following remarks:
The resolution, returned with objections.
a hp al pI In bn Mn, vat,
witbstanding.
therefore should be upheld.
By section of act n 10. 35 of 1877, the police
force is required to be entirely under the
control and direction Of the Mayor and Board
OF Administrators of the city. and the Co,1n-
Gil is enioined to regulate by ordinances such
control and direction.
BY paragraph 5, Of section of act No of
1870 the present city charter the Police De-
partment, represented by the Administrator
of Police, Is given general supervision of the
police, and the efficiency Of the same
On the twenty sixth of April, 1877. the
Council, with a view to carry out section 3.
just referred to, adopted ordinance No 1914.
A. S., which provides tsection 1Ol: "The ser
geants shall be assigned to duty in the sew
eral precincts as the chief Of police, with the
approval Of the Mayor and the Administrator
chief OF police, In disregard of the police rules
adopted by. the Council under Legislative be-
hest, made unauthorized assignments. These
We're disapproved by the Administrator of
Police. but notwithstanding such disapproval,
they met with the formal sanction of the
Mayor. On May IA, 1873, the Council passed
a resolution, sustaining the action of the Ad-
administrator of Police the case just stated the
Mayor assumed official knowledge of the res
OMtion, as though it was an ordinance, of
which It had neither the form nor substance.
and returned it. with his veto.
Satisfied wits its propriety. the Council,
averse to treating it as an ordinance passed it
over the Mayors veto: the consequence then
was that the action Of the Administrator of
Police was indorsed while that of the Mayor
was rejected.
On May IA, 1873, the Council passed an or
dinance contemplating an amendment Of sec
ton 10 OF ordinance No. 1914, Administration
Series. by further subiecting assignments by
the chief. of police to the approval of the
Council; this ordinance was contemplated to
perfect section 10. which proved defective in