The New Orleans daily Democrat., 1878-06-19
OFFICE C1TY ATTORNEY, C1TY HALL,
New Orleans. June 1b. 1878.


OFFICE C1TY ATTORNEY, CtTY HALL. |
New Orleans. June Is, 1878. !
Hon. J. @. Brown, Administrator Of Public Ac-
counts:
Dear Sa-t have examined the papers re-
ferred tome in the matter of Hy. Bllermann,
wharf lessee, on the petition Of wharf bond
holders.
/ am of opinion that no money whatever of
the city is In the hands Of Mr.. Ellermann,
and that the fundsguarnished which he says
belong to the city, are his own, being wharf
revenues to which he Is entitled under his
contract and to which the city has no claim.
This is 80 perfectly clear and plain as to
lead to the conclusion that the seizure is in
the interest OF the lessee, otherwise MIR. Eller-
mann would have answered as Is the fact
that he has no funds Of the city in bis hands,
and would have had the seizure and gGrnlsh-
ment dismissed.
BY bis original contract of lease, Mr.. Eller-
mann assumed and bound himself to pay all Of
the wharf liabilities including the interest on
the bonds and the bonds themselves.
By the amended or extended lease, which
was made with the consent Of the bOndhOld-
ers, the lessee bound himself to pay the re-
naming interest as 1t falls due.
Section 10 of ordinance No. 3l2t, Admins
trati0n Series, made part Of the contract of
lease, provides that IL the lessee shall fail to
comply with any or oil Of the obligations as
sumed by him, as to the punctual payment Of
the debts and obligations assumed by him,
the City Council shall have the right to de-
clare the contract at an end, and to sue the
lessee and his sureties for all the damages
caused by his default, or to resell his rights
after not less than ten days advertisement,
and hold the said defaulting party and his
sureties liable for the difference In price and
for any other damages sustained.
. The revenues OF the wharves belong to the
le5sees, and they are held by their contract to
certain obligations, for the performance of
which they and their sureties are RESPONSE
bic.
They are bound to pay the wharf interest at
maturity, out OF their own funds mo matter
from whence derived, and their failure to do
SO makes them liable to the penalties above
stated.
Very respectfully,
b. +. JONAS, City Attorney.
Mr.. Cavanac offered the following:
ResotUed, That the proposition of Henry
Ellermann, lessee of the wharves, as made in
his communication addressed to the Admins
TRAITOR OF Public Accounts, dated June II, 1873,
to deposit the money in the city treasury to
bonds, subject to the decision Of the courts as
regards the garnishment OF said funds In the
hands of said lessee, whereby he may be pro-
tected, be and is hereby accepted.
Resotced further, That the whole matter in
be referred to com mittee of
three, to be appointed by the Chair to take
such action as they may deem necessary for
the protection of the interests af the city in
volved.
Mr.. McCafrey opposed the resolution. The
City Attorney, who'wa the legal adviser of
The Council, said that the lessee had no funds
Of the city In his hands, and he (Mr. McCaf-
rrey) did not see why the Council should
place the city in position which might in
volve 1t in legal difficulties, and perhaps re-
suit in financial complications.
The yeas and nays being called for on the
motion to adopt the resolution, resulted as
follows:
Yeas-Brown and Cavanac-2.
Nays-Diamond and McCaffrey-2
The Mayor stated that usually the casting
vote Of the chair decided question upon
which there was tie, but in this case he had
serious doubts, as, should he vote either way,
lis vote. added to those of the Administrators
with whom he voted, would only count three
n Council of eight members.
1t was then unanimously agreed that the
consideration OF the resolution be postponed
ill the meeting Of tomorrow.
Ordinances and Resolutions offered.
BY Mr.. Cavanac-
berger permission to erect building at the |
New Lake End. Adopted.
2. Resolution granting Robert Maxwell |
permission to erect steam engine at 139 and
40 Peters street. Adopted.
The following ordinance from Mr. Denis |
vas read, and, on motion of Mr.. Cayanac, re-
erred to the City Attorney:
In ordinance to amend ordinance No. 4244, !
Administration Series.
Be it ordained by the Council, That section
4 Of ordinance No. 4244, Administration |
series, be so amended as to read: Any per-
on or persons, firm or firms, or any corpora
ion or organization whatever, doing any
BUSINESS or engaged in any trade, calling or
profession in this city, or performing any act .
II acts made subject to license as herein pro-
'ided for, or who shall violate in any manner
ne provisions Of this ordinance, shall be and |
re hereby made liable to a fine equal in the |
AMOUNT to the license itself; half Of said fine
hall, after conviction and collection, go to
he infOrmer, and which in no case is to ex-
eed S100; and it Is further ordained that all |
'rOduce or merchandise sold by owner or
gent, without license, is hereby made liable
or said fine and penalty, before or after sale,
nd in addition to such fines and penalties,
eensed business suspended, the place of
Hsiness closed, and the personal property of
he person in default, or violating this ordi-
ance, seized and sold as provided for by law;
r0Uided, hoIDeEer, that the fines and penalties
gainst stock dealers, dealing without IL
ense, and against the transferer and trans
cree of license without the consent of the
layor, shall only be liable to the fines and