The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-17
THE BRIDGE CONTEST.
Decisian NJ Judge Monroe err the MeCas-
frey-sayaNae suit.

frey-aavaNae suit.
The following was tho decision Of Judge
Monroe In tho Administrators contest over
| the bridge question
| Plaintiff aa Administrator Of improvements
Of the city Of New Orleans, eafns that IL IL
one Of the duties. franchises md functions Of
| his Office tp control manage and silpnflntend
| the bridges within The limits OF the city, and
| to select proper persons to watch over aud
| attend hose which cross tho havigable canals.
| Hn claims that Charles tHyanar as he Is
informed and believes In his caparitv Ms Ad-
| tnnistrator Of Commerce. rs about TO assert
| mud usutp the right to exercise s,ieh functions
with reference 10 said bridges over the navlga-
bic canals, aud that he will do So tp the dam
nge Of petitioner unless restrained by injuur-
tioD wherefore petitioner prays for writ Of
| Injunction Ia restrain said Gayanat from exar-
cising the functions Aforesaid, and from Inter
| fefihg with petitioner In the exercise thereof.
| An injunction issued accordingly upon n
bond In The sim ri &}Dn0
| The answer If The defendant sets forth thht
under tho city charter and the laws Of the
] State he is charged with the control and man
/ agenent Of the bridges over tho navigable
canals within the city limits. and cannot be
deprived OF the snme OF interfered with by tho
| Administrator Of improvements or other city
officers, except by the City Council acting as
such.
That The City Council. Ivy ordinance No 4o47.
A. H.. directed the transfer Of the control Of
| the bridges In question from plaintiff to de-
PENDANT, but that plaintiff has disregarded
said ordinance and persists In attempting TO
maintain the control Of said bridges.
| That the City Council has the power to or
game the different departments Of the city
government and that the passage Of said or
| dnanes 4o47 was but the exercise Of that
power and that by ordinance 4o92 the Council
| still further exercised their said authority by
| appointing bridge keepers, but that said
bridge keepers llnve been prevented from dis
| charging their duties by tho plaintiff.
Defendant. grays that thls proceeding be
| This contest has arisen, and must be deter
mined by net No. Of 1870 textra session.
known MS the city charter, tho following pro-
visions of which are applicable 10 the uIe5-
| tons before the court:
of New Orleans and the administration Of
its affairs, shall be vested in Mayor and
seven Administrations, to wit; one of Finance,
one Of Commerce, one OF improvements, one
er oGicio n member Of the Board Of Metro
politan Police, ono Of Public Accounts. and
one of Waterworks and Public Buildings, with
administrative and executive functions"
Section provides the qualifications Of said
Mayor aud Administrators.
Settinn q for their entering upon Tho dis
charge Of their duties.
Section relates to vacancies in office.
Section provides tho duties and powers Of
the Mayor, his term Of office, salary, etc.
Section 0 provides:
"That in the administration ana govern
| ment Of the affairs Of the city there shall be,
| in addition and surbordinate to the executive
powers Of the Mayor, seven separate depart
ments, the heads Of which shall be known as
| the Administrations of said departments, and
shall have the administration and special con
troll Of the Same, subject TO the limitations inn
posed by this net or other laws, or the ordi-
| nances and resolutions Of the Council to wit :.
/. "a Department Of Finance" etc
Q. "A Department Of Commerce, which shall
have general superjntendenee Of oil matters
relating to markets. railroads, canals, Weights
and measures, the Fire Department and man
| ufactures, and shall be vested with and per-
| form such other functions and duties MS may
| from time to time, be prescribed by the Coun-
Gil"
8. Department Of Assessments.
4. A Department Of improvements, (which
shall have general superintendence of all
matters relating to the streets, sidewalks,
pavements and wharves, and the cOnstrnc-
| ton, cleansing and repairs OF the same, and
tho drainage of the city, and shall be vested
with and perform such other functions and
duties as may be prescribed by the Council"
Provision is also made for Departments Of
Public Accounts, Police and WaterWOrkS and
Public Buildings
Section 10 of the act provides for certain re-
ports to be made by the Administrators, for
their salaries and for their offices.
Section III provides That the Council shall
organize the departments established by the
foregoing sections, regulate the number of
clerks and officers to be employed by each de-
partment, and the amount Of their salaries.
Said clerks and officers shall be recommended
for appointment by the Administrators Of said
departments respectively, and be appointed
by the Council; they may be suspended by
said heads Of departments respectively, at
It shall be reported to the Council at its first
meeting thereafter, together with the cause
thereof. The Council may remove by vote
of a majority of the members any of said
clerks or officers for incompetency, neglect of
duty, malfeasance in Office and when report
ed by the heads Of departments when the SER
| vices Of such officer or employee be no longer
necessary to the public interest"
Section IL provides "That the Council shall
have full power and authority to make and
pass such bylaws and ordinances as are nee
essary and proper
To regulate and preserve peace and main
/ tain cleanliness.
| To regulate street improvements, etc. and
to do many other things specifically men
/ toned In said section.
The plaintiff claims the right, under this