The New Orleans daily Democrat., 1880-04-16


fights. gaming or gambling houses; and tn
suppress bawdy and disorderly houses, houses
OF ill-fame and OF assignatioD; to provide fOE
and enforce the registration of all births, msr*
rlaRes or deaths; to license, tax, regulate or
suppress all occupations, professions ana
trades not heretofore enumerated, OF what
ever name and character, and to provide for
a system Of graded licenses, and the coliee-
tioD OF the same; and shall have authority Go
cancel or revoke the came at any time for
cause. The City Council may grant a sir
months license ON payment Of tne same m
advance, not otherwise"
tion authorizes the Council to suppress ell
occupations, professions and trades NOT
enumerated In the preceding part
Since ,e.,,.nn many respectable trades and
enumeration the Council LIZ authorized
to suppress them. L. is not Go be sup
posed that the Legislature intended TO ats-
thorizs the suppression Of occupations g1
nallsts, newspaper publishers, bakers, jew
elers, chemists, assayers, cotton cIasser8s
house and sign painters, carpenters, printers,
joiners, engl AYERS. eoopers, architects, build
which might be mentioned, but unquestion-
ably the power flows necessarily from tho
language OF the section. The same sectioH
provides for fixing the rates OF wagon
ff H. dsayag9 f. az aaa oa1ese With R Ere
monest rights OF the cltlzens-that right
to make his own contract for his own
services. do not believe that such
power has ever been granted to or exercised
by any municipal corporation In this country.
Section 25 declares that "the Mayor, wheaa-
ever 1t is established that nuisance exists
on public or private property, or whenever n
nuisance has been go declared by ordinance or
resolution OF the Council, Is authorized to
abate and remove such nuisanees and the
causes thereof In q summary manner at anW
regular or called meetings OF the Council, as
the cost OF the owner or occupant OF the
premises where the nuisance or the CAUSE
thereof may be, and for that purpose may
enter upon and take possession OF any pFena-
ises or property where sueh nuisance may
exist or be produced
The power granted under this section is
one which the highest judicial authority has
declared cannot be vested In O municipal COR
poratlon. 1t gives to the mayor, upon tina
slmpte declaration by ordinance or rasotur
tion of the Council that nuisance exists tn
a given house or locality, the power, without
previous judicial determination OF the fact, to
abate and remove such alleged nuisance al
the cost OF the owner or occupant OF the
premises where the nuisance or this Gauss
possession OF such premises or prop9rty'
In the case OF the First Municipality Of New
Orleans vs.. Bleneau, An. Rep. 683, IL was
held that special fine could not be inflicted
by ordinance directed against particular
person or establishment for maintaining o
nuisance. Chief Justice Eustis, who delivered
the opinion OF the court. said. "a fine can be
considered as nothing else than pscuniary
Punishment for an offense against the laws
OF the municipality, which the bylaws and
ordinances fnfilet, and an ordinance imposing
q fine ls, In every sense, q penal enactment.
and by Its essence. must DO general IN its op-
The exercise OF a power like this assigned by
the council Of this municipality would be at
tended with most dangerous consequences
Indeed, 1t has more resemblance TO an impe-
rfrln fbnrr 1ff. f<xtt ttn .r2x
citizens under government Of laws enactef
by body possessing mere powers OF admin
stration."
II municipal corporation cannot Inn
determinatlop, a fortiori, It cannot. apart
from judicial determination, and In the
absence OF general law, declare
special nuisance and exercise the still
session and destruction. The section under
consideration empowers the Council without
reference to legal definition or judicial In
qulries, to declare any house nuisance, with
out regard to Its real character. and 30 enter
upon and dispossess its owner or tenant.
In the case OF the City OF New Orleans VS.
Lambert IA Annual. p. 244, In which 1t was
held that an ordinances ordering black
smiths shop to be closed a5 q nuisance,
the character of the establishment bad been
ascertained by judicial process aud the court
decided that 1t might be carried into effect by
an Injunction restrainingth the owner from coma
GiuLtnS Lu0 uulShuC6s lul5 BLOWS LlhE JuQk~
cial proceedings are essential to determine
the fact OF the existence OF nuisance to effect
Its abatement. The language OF the Supreme
Court of the United States In q case invoiy-
In Yates vs.. Milwaukee, Mr.. Justice Miller
said: But the mere declaration, by the city
council OF Milwaukee, that certain strue-
ture was an encroachment or obstruction, did
not make 1t so, nor could such declara-
tion make 1t O nuisance, unless IL In fact had
that character.
ut Is doctrine not to be tolerated In this
country that a municipal corportion either
Of the city or OF the State. within which
given structure can be shown to be q nuis-
ance, can, by It's mere declaration that 1t 10
one, subject it to removal by any person sup
posed to be aggrieved, or even by the city it
self: This would place every house. every
the uncontrolled Will Of the temporary local
authorities. Yet this seems to have been the
view taken by counsel who defended this case
In the Circuit Court; for that single ordinance
OF the city declaring the wharf OF Yates
nuisance, and ordering Its abatement, is the
only evidence In the record that 1t is g. nui-
sance or an obstruction to navigation, or In
any manner injurious to the public"
Another serious objections is TO be found In
section r. which provides that mo contract
shall be awarded to any but q citizen of the
state OF Louisiana, and resident OF the par
ish OF Orleans" Apart from the fact that this
restriction is an unfriendly Determinations
against the citizens Of other States, and even
against the citizens OF other parishes OF this
State, Its operation would be In the highest
degree Injurious to the interests. of the
city OF New Orleans. It denies to the
citizens OF this Stats ITSELF when not resi-
dents OF the parish Of Orleans, the right
to contract with the city, and yet few
OF the supplies of the corporation can
be procured at first hand. Nearly all the eup-
plies needed for the public works are TO be
had at first hand only out OF the city, but
this section will compel the employment of
a mitdleman, whose profits will enhance the
price to be paid. It is impossible to see how
the city can be benefited by cutting It Of
from the privilege OF buying its supplies In
the cheapest market, s.
Section so declares "that old claims shall
be paid in the order in which they shall
be contracted" H this had meant and
the order In which they mature tt
might have been q wise and practicable
provision; In the aenea of the clause az ft rlnM