The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-09-06
RAILROAD FRANCHISES.
NEW ORLEANS. September 5, 1879.

Respected ,Sir-The city OF New Orleans ahVer-
tssd for sealed proposals for the franchises OF
the following roads:
For the right Of way on the following rail-
roads. to wit
"sEcror /. Camp and Prytania and Camp
and Mazazne streetc lines. which expire On
third February. 1890.
SEC D. Rampant and Dauphine. Canal street
and Metairie Ridge TO Bayou s.. John, ana Els
panade and Bayou Bridge lines. which expire
on the second day Of July. $780,"
The dyertisement provides that Bidders
can bid for either franchise, say for sections
and q. or both. at their OPTION
In answer to this advertisement bid for tho
first section viz: Camp and Prytania and Camp
and Magzine streets lines, the sum OF
Three Hundred and seventy-sIx Thousand
FIVE Hundred Dollars.
The New Orleans City Railroad bid for
the first and second sections. In
block -. -. Si3O.1GD
Charles r. Howard bid for the first and
second sections, In block .-*....e.. $4,000
w. VanBsnthuysen bid FOR the FIRST sec
tIou. ACKNOWLEDGEMENTS a25 900
And for the two sections, In block. .,.e.- $4,000
You Will notice that Mr.. VanBenthuysen
makes no bid for tho second sectfon hts bid
for two sections 900, Is not bid for so
much for zach section. In other words, unless
he got thetwo sections for f525 0o9. you bad no
right to make him take the second section. His
bid of s525, 600 was for the two sections or for
none. He bid for tho first section e525. ooO but
he made no bid for the second section.
On the second OF September I addressed you
a letter. in which stated that my bid YVES the
highest bid for the first section. and asked you
whether you 80 considered 1t and what you In
tended to do. Ny letter is as follows:
NEW ORLEANS. September q 1879.
To the Hon /. w. Patton Mayor City Of New
Orleans:
Dear Su-Considering that. aa per city ordi-
nance No. 1863, Administration Series. the Ad-
miDisrator Of Commerce has bsen authorized
to advertise for the sale of certain franchises
and that the subsequent advertisement Of the
Administrator OF Commerce.. .undsr date 81
May 19. 1872 says explicitly that bidders can bid
for either franchise. say for sections and D. Or
both, at their option:
Considering that my offer for the franchise Of
section /. comprising Camp and Prytania and
Camp ana Magazine streets line Is the best
And considering that the lump bids are not
proportionate to my offer for section J,
from our Honor what has been the decision Of
the Board of Administrators before withdraw
Ing my bid and certified eheck K1r1oz 49,.
MAYoRALTY or New ORLEANS, ,
New Orleans. September 2, 1879.
MIR. A. Wiloz. Agent:
Dear Sr-I am Instructed by his Honor the
Mayor to acknowledge your communication OF
even date, In regard to your bid for first section
Of the railroad ffanchfses which was opened In
HIS Honor is Of opinion that favorable con-
sideration of any bid for either ono Of the two
sections, unless it were proportipnately very
In yfItI1 tn, al a iC g
the Administered on. which is to realize from
this sale the grea est amount possibe-in other
words the lump bid Of $500 eDJ IL more than
could have been had by accepting your bid for
first section.
| am also directed to say that up to. this pres
emit nothing definite has been decided upon,
and consequently no action taken.
lsigned, i9' ciAs, MAoMURDo,
Private Secretary.
claim that you should adjudicate the first
section to me for s37G.5o0. and you cannot accept
the bid of the City Railroad Company for $780,
900. ==s- So
The advertisement says: Bidders can bid
for either franchise. say sections one and two,
or both at their option" My bid for the first
section Ia the largest bid. therefore It should be
adJudicated 10 me, and not to the City Railroad
Com pany that made no bid for 1t.
The object OF the city In providing that bid
tons one and two, or both. at their option. con-
temp!ated that there would DO bidders for each
section There we're no bidders for the second
section. and unless 1t can be shown by the bids
that the City Railroad Company bid more for
the two sections in block than was bid for them
separately. tho adjudication of the first section
should be made to me.
That the City Railroad bid more for the two
sections In block than was bid for them sepa-
rately should appear by the bids. and not By any
inference of the city. contend 1t does not 50 ap-
pear The absence of bids for the second sec
ton was caused by the unfortunate language
used In the advertisement viz: Bidders can
bid for either franchise. say for sections and q
or both, at their option" This may mean. be
may bid for ono and for the other. and Is not de.
MED the right OF purchasing both, and 1t may
mean that he may bid for both In block.
In order to decide that the purchaser who
bids In block makes the highest offer. 1t lie
necessary that there should exist separate bids
for both sections. If there is bid for one Sec
ton and not for the other, the means Of ascer-
tanning the highest bid is wanting.
That there was no separate bid for the second
section il not because iJ was worth nothing. or
was less valuable than the first section 1t was
| because OF the unfortunate language used In
the advertisement. Unless you substitute your
value Of tho second section for that Of tho bids
you cannot say that the City Railroad is the
| highest bidder.
| You should put up the second section again
| for sale. for there was no bid on 1t. and IL 4
brings more than the difference between my
offer Of f376.5o0 and the offer Of the City Rail
road, $500 900. you will be left without an excuse
for not making to me the adjudication; or you
should not make the adjudication to the CIT,
Railroad. but call for new proposals. using Ian
guage more explicit and clear than that used II
| the advertisement
The second section is as valuable. some per
sons think more valuable. than the first section
and assuming that 1t Is only of equal value
then my bid Of 1906 would make the value O
both sections equivalent to s753oo0- sl2s GO
more than the bid OF the City Railroad Com
| pany. The City Railroad bid $3.50 900 for thu