The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-31
Kids for Building McDonogh school -hOuse
MO. In.

AHsOut
6. j. s. Christie Observation-Disclosures. II, 49S
z, VIM. Arms ...........,......... 1906
rs, -- ACKNOWLEDGEMENTS. 2O,5OC
TO- VIM. Fairlie Observation-Disclosures. 20,49t
10. A. Downey observation-disclosures. % 400
ii. John McNally. Observation-Disclosures. 81, 74G
IL. w. j. Casey. Observation-Disclosures. 2O9S4
IBID No. 8, $780, was not signed.l
Mr.. Mccartney here entered and took his
seat.
Mr.. Cavanac offered the following resolu-
tons:
ResoIyed, That the bid Of J. I'll. Christie for
building McDonogh SchoOl-house No. II, cor
ner of Prieur and Palmyra streets, for the
sum of SIT 498 be and Is hereby accepted, and
that the Mayor be and he is hereby author
lied to enter into contract with the said Chris
tie for the faithful performance OF the work.
RESOLVED further, That the commissioners
of the McDonOgh school fund be and are
hereby authorized to anticipate by loan or
pledge of securities of said fund for SO much
as may be necessary to comply with existing
engagements, and to complete the building
provided for herein,
In connection with this subject the follow
ing letter was ordered spread on the minutes
OFFICE Cry ATTORNEY |
New Orleans. July AZ, 1873.
Hon. Ed. Pilsbury, Mayor:
Dear ,Sir.-In answer to yours Of the twen-
tieth instant, am of opinion that the COM
misSoners of the McDonogh fund may Dor
row money for the purpose OF carrying out
the legitimate objects Of their trust by pledg-
ing the bonds belonging to the fund. These
bonds are inalienable under the act of 1861,
by authority of which they were issued, but
they are appropriated to the purposes desig-
mated by the testator, and a loan predicated
upon them would be simply an anticipation
n Pnrtnin and
think, you have right, under your official
discretion and the necessities of the case, to
make. Very respectfully,
B. F. JONAS, City Attorney.
Upon call of the roll Mr.. Cavanac's reso.
lutions were unanimously adopted.
Communications from the Mayor and Adj
"a. minis IratOrs.
The following vetomessage from the Mayor
was read: - o
July 20, 1875 }
To the City Council:
return without my approval a resolution
passed at your last meeting, which reads az
follows:
Resolved, That the Administrator of Police
be instructed to furnish, on the requisition OF
the recorder of the First Municipal Police
Court, seven police officers, who shall report
and be under the control Of said recorder for
police purposes of said court and shall per-
form such duties in connection with said
court as said magistrate shall direct.
Section of act No. 131 Of 1877, creating re-
corders' courts, provides as follows: 1.-THE
Mayor shall on the selection and recon-
mendation OF the recorders respectively, ap-
point four persons on the police who shall be
detailed to serve in each of said courts, and
be subject to the control and orders of the re-
corders thereof, and not removable therefrom
without the consent of said recorders and
shall provide for all other necessary police
force at said courts, and for the care and safe
custody of all prisoners appearing therein"
1t Is clearly the intent OF the law that the
four officers alluded to were to be placed at
the service of the recorder of the court, and
therefore, although police officers, were SUBJ
iected properly to his direction, and any adj
ditional police force that might be necessary
to secure prisoners, etc, should be detailed
from the force, but subject, of course, to the
control Of the police authorities.
The effect OF the resolution under consider
alton, ii adopted, would be to create another
police force, entirely independent of and IT.
responsible to the chief or any police authori-
ty, except Recorder Smith; in fact, that
magistrate would himself become a petty
chief Of police and his court a sort of a close
corporation for which l can find no warrant
in the law, express or implied.
As the business Of the court is at present
conducted, the police authorities remain IL
profound Ignorance of the number OF war
rants issued, or whether parties are arrested
or not. The records of the chief and of the
Administrator of Police, which should present
exact statistics of the progress and arrest OF
crime, are barren Of all information thereon,
except so far as tcomes under his own super
vision.
I think this irregularity ought to be ter
minated at once and that all warrants should
be placed in the hands of the chief of police,
to whom they are formally directed, and ex-
ecuted Immediately by the force under his
control.
This would entirely shut out any plea of
necessity for placing other officers under the
control of the recorder, except the four pro-
Vided by law.
So far as relates to the amount of business
transacted by the court, it is probable that it
exceeds by one third, that of the Second
Court, but Recorder Smith has had within
one of double the number Of officers required
by Recorder Miltenberger.
The nuTA Der of subpGnas, say "a, 4S1, claimed
to have bden issued can hardly be reconciled
with the fact that but 81, 900 blank forms have
been furnished to the court on the requlsition
of the recorder.
Ed. PT1sBURY, Mayor.
Mr.. Cavanac stated that he did not agree
with the Mayor in the opinion that the extra
force should be under the control OF the police
authorities. Such course would surely cause
a conflict of authority, and he was satisfied
that the Legislature intended in authorizing
the increase of the force in the recorders
courts that the additional appOintees should
be under the orders of the recorder. This
was also the opinion Of the City Attorney, as
would be seen by the following correspon-
dence:
DEPARTMENT OF COMMERCE, Cry HALL, /
New Orleans, July %, 1878.
Hon. B. F. Jonas, City Attorney:
Sir-By section of act No. 131 of the Legis.
lature of 1877 the Mayor shall, upon the selec.
lion and recommendation of the recorders
appoint four persons, who shall be detailed tc
serve in each of the recorders courts, and be
subject to the control and orders of the re-
corders thereof. In case that number of off.
GERS should be found insufficient to perform
and carry on with dispatch the business Of
said courts, and additional officers should be
appointed and detailed for that purpose
would not the said appointees be considered