The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-12-11
NEWS OF THE CITY.
MUNICIPAL.
The River Convention A Market Stall
Onautipn

Question.
Administrator Uehan bnH received n leto
from Col Eugene Underwood Of Louisville
and president Of the Miasaaippi Valley State
Convention. recently hold. Tho letter which \
In answer to ono from Mr. Behan. contains TIN
expressions Of hearty aympathy with Tho pro
soct OF calling n commercial convention In TILL
city. Tho following II mn extract from Dol. In
derwood's letter;
II have now been engaged for year lnborint
In this cause and have now tho satisfaction y
feel that tho instrument which have looked t.
mn most afflannipuR, VIZ n Tninminninn hppn,hl
GA hv the aovernera Of the Mlanipaip ni valley
III itH programme to promote discussion upon
all auhieetn pertinent to the commerce and Inn
provnmant OF tho navigation of The MiHalHnitp'
river and it's tributaries, In EnnafM anhVhh.
lions, through tho rreRH and on any mode 10 gov
npn lively ntefent uron hnaa auhlneta through,
@ hs y naassa s ,h r." II a noo"o
shall DO beard IN tho hallH 81 dohRfeea ~ 90
rlded toneH.
aged, although tho nnnrion IF the commission
Mna hrlnf md hurried. We have made u ho-
ginning, however. nnd hope ,he action OF tho
convention calling ueon tho LaE'alntnraa 81 tho
MtHaisHippi valley States 70 take NJ the subject
will result In tnunh good.
MARKET CASE.
II wau understood nj the City Hall thnt In tho
rnne III tho ralnia oI ruttiErew yn. laeohua y de
rlpion had been rendered a1varncly 70 lacchua,
Tho caao involves n yexed auoptiou. but how
much tn merltn ate affected hy tho decision t.
not known. The case Ia, In brief Ra folpwa:
Ieitigrew occupied certain ninlla IN tho Toy.
drHH Mat kat> for which he paid y daily Iental.
rriorto hlp dem lao, hy u bill Of anlc. aud for tho
consideration Of f2hn 10 hn paid Ut u future
day pattiErnw transferred hia right ~ ocdn-
paneY 10 Haeohua. who han occupied them over
ans n aa fhn sa"r 'nf L u na X"
estate was entitled TO tho occupancy of tho
#tAlla
who haa control Of tho markets. hnH andenvored
10 break up this speculation III eligible stalls In
the city'H markets.. but II appearH that be- II 10
what Ia called tho coed will If atRlH. In other
words that u pnrpon who may rent n atall from
tho city in any ~ ~ markets onn ~ any 'imn
give w the nall 10 any person ha may choose
To select. aud. II he doom II proper. TO aHk u
cntnnennaHon therefor from Tho pnfaon thua
Thia, Il IN clalmod. Ia direct violation OF tho
principle md rule followed hy the city. from
lime immamora. To ront tho Htalln In ita mnr
kets 10 the iirat aprlioabt. whom i mniniaina
I'm htn occupancy an long nn hn pnFR Tho daily
rental for tho atand. But tho mont eurioua
part of the affair Il Ia alao claimed Ia how enn
which only the renting parties aro involved:
that tho narkate nrn clearly tho property Of tho
city, and II should be permitted 10 regulate tho
occupation of ita markets. just aa my Other In
diviuuai or corporation hin or thntr property.
The gint OF the affair would therefore ho that
whom fettigrew died. and the estate failed 10
faepeetnhle person had according To tho ruien |
and ordinances governing tho markets. tho
rlRht to occupy ono or moro nf tho atailR
vacated, without regard 10 whether tho rrovi
oua owner was paid n compensation therefor |
for Tho payment " nneh compensation, II III |
urged. In violattvn Of tho snrit or falrnaaa
Hpnaht TO be aetahllphnd hf the city government |
which nntttleH anybody To tho occupancy Of Il |
market Htnll found vacant. Under thia prin- |
clpe Il would appear that BnoohnH waa III lila
right, right which ho hal Hnainined for |
months by paying the daily rental Of tho ntalia
no occupied by him.
There ia another point which iR being diH-
nuRHedt Assuming, ~ matter Of nanran. that |
tho markets belong 10 the city, II hnH tho right |
exerclaed by u constantly to Rell separately or |
collectively, for ono or moro months OF oven |
for = period OF years tho revenues OF theao
Since this IN tho case. then whore IL tho law
preventing the city from nellirg anoh HtalH
for any period of tlmeP Following
this logic, In what connatH tho right of ANY por-
sell II 10 another paraon Aud again, whit ia
there To prevent the city from ahrnEatnU any
rules or repeating any prdtnancaa which II
may have adopted regarding tho occupation Of
such stalls Consequently. what haa u court 10
10 In tho matter OF regulating tho manner In
which private Individual flor n corporation Ia
N law private Individually shall dispose OF hia
Whatever may DO tho iisp nai,ion Of tho Pot
tgrew --liaenhus matter. tho question. In
Major Behans mind IN narrowed down 10 this
81 occupation TO another peraon. what be-
somea Of the equitable rule of first come FIRST
served 7" established for 10 many ynarE Ivy tho
lily government.