True American. [volume] (New Orleans [La.]) 1835-18??, 1839-01-31

Whereas this Councs informed that bill has passed
he Senate Of the state having for its object deprive the
councils of the municipalities of the right of appointing
heir own executive officers, and that said bill was present
81 an ayosne ny the senator Of the parish of Orleans
and understanding further, that the advanced by
cf a s @ 1 Of
the treasury who had been removed by the mayor: Be
lst RESOLVED, Tho. in tho opinion of this council the
removal of John Calhoun from the office Of Comptroller of
the Treasury OF the Second Municipality, by the mayor of
difference of opinion in construction of law opin
ion sanctioned by decision the LIST judicial district
contemplated by the law of sh March, 1885, and utterly
pusnant to the principles on which our institutions are
comptroller subject its censre unworthy of
dena and responsible position he occupied, had he given
this council, which he believed the Inv required.
2 Of e nee s Sc I'm Views the
the law Of the sth March, 1885, makes it solely responsible
for The proper Of the financial Of
constituents, as and oppressive and violation of
the rights of !he people ofhe three municipalities as
3rd Resolved That the opinion this council the
power vested the mayor from office the treas.
ursr and comptroller With the sound p"ica
have entire their money;
principle Incorporated In the act ofdivson, well in
the original charter of 1906 by which the mayor was MOI,
permitted to appoint to persons charged with
the custody ofhe treasury and that therefore said power
should De taken from the mayor.
h RESOLVED, Tha, the president the council is here
BY requested to transmit these resolutions with copies all
documents relating the removal from office the
comptroller, the Governor the State and the Senate
and House of Representatives.
These resolutions being merely expression of opinion
OF the council did no according parliamentary usage
present case subject TO the power.
ed to say that the comsroer was not removed far hon
est difference of opinion on the meaning of law; that Mr.
fined hnsef,o say that he didno sI @orssd trans ans
mt the st requested Until he had referred the sub
comptroller he iha I1,rn
'horiz HIM to comply with the request ofthe mayor
The mayor says, also, that the decision of the first Judi
cIa district court quite foreign the questions and he
is "unabe to discover why the council fit rel upon
It in Justification of an officer who had fulfilled his
The court, in that decision, Mayor Lockc) says
positively that the laws on which the Mayor endcavors
sustain himself IN the controversy, hare been
section q said lay, which says, 1%a each "%neprS
tie duties and qaaldcahons Of ehom stat be dcncd 6s
The respectre councils" The judge also aues the 2ot
be under he sole control Of the councils Of the respecHre
2nicpMlit,eS ehereim they originate required I,
0e made who, them can doubt the oihe de
cison of Judge buchanan sustained by cnaclmcn
so clear and well defined: and seriously prete.
dc that this decision is orc the question that pre-
ted itse to the mind of the comproer' namely, whether
under the law it was not the duty of the mayor apply
not apply to the comptroller;
This point like most of the others requires
only necessary to state the facts and cite the law
flute the position of the mayor His honor is pains
to bring forward the merits of the question that beor,
decision alluded He says another question wal
"Whether the mayor was bound to order fol
two thousand five hundred dollars member of the coun
Gil ofthe Second Municipality, in payment Of his SALARY il
AN OFFICE created by he council, while that alderman was
member Srs the 18th section ohe l7
The section the mayor refers to is thus 'No member
office, under the said corportion cich sia hare bee,
created, or The emoiumems chereot shall have been in
creasea by the council during the time for which he shall
tits clear from this, that ftho council appointed one
the emouments sary Of which had been increased
Th'fe ne 'o"s member Of tie council it unquestiona
But the mayor unfortunate in this statement
acts as ne is in nearly all the others that the under ene,
| are compelled 10 retuc.
Mr. Lockett 'ras not appointed to Office. He ras no
aPnonted to any employment the emoluments sa'ary
The law clearly means to exclude members from crran.
oihces with salaries, and then being elected fill them,
was DONE perhaps, in former times.
His honor certainly displays much ingenuity in STATING
the case, so exactly make it violate the law II
speaks of the saory and of The attire which Mr. Locke,
was appointed an office srcateI by the council! TIL,
same resolution that authorized the employment Mr.
Lockct, also employed Messrs Pierce and R"st. Thrs
gentlemen, them according to the mayors opinion wer
also officers of The Second Muncipaity with salaries of y
! thousand five hundred dollars each.
The law requires all officers of the municipality, before
hey enter upon thcir duties, to take oath Of office hcr
me mayor; your committee NJ" informed whether the
mayor required the performance Of this duly Of Mcssr
Pierce, Ros and Lotkert, before these gentlemen cte
upon the defence Of the right nj the people the Ser",
the First NJ municipality and the then mayor denied
Although as general ruiz, members of the council
ln' DC thpoyru win r'c""iary com "ns"li"n y"
i W.T. le XIV cirtu'hSInceS mat rendered the rm
poynent Of Mr. 'cEct on t"ccasiou q" import
''t 10 INC inunciphity Those circumstances were wei
norS""" ny " cnlrl ami their cn#tru"uts, we'll ~
~ M H's", tMr friroF Wt' approved" he rr*Int"'
pi"'n'" Hlr L"Nct wilfn' had been t'"@il W 'nr
ocri',h'E rhrun'hrf' HIS veto The intlnnl' kn ~
; 'tIurct NY Mr. I"rHrt Whilr nrm'"r "I The cum
~ =" az ' i'f r"unr'ri WIN u" nUi" rta't question
III ' SUI ~ u' ftrSt h'ltll@N rs t'r SHr'p i
ce' IN, c"n"ch t. secure 'l7 pr 'cssr'ai *rr"crS
, - III -! so "i'@'' h'g re- rlIsnNng me best III
ii mt
ununcipalily rrs,url lru nm ,r,i,.nal t NJ 'n
the Supreme Court susI,I,,, I,. ;I -, - .
y f. m III. nrn1 Nv ri.Jt may r. thKi", Glrcut
nloving MIR In E,u nnn,,"i - t ~ ~ "-'y 81 cH,
ing he had fail hr,v ard surro r H. t' "' .'"SIa''
the enga sennn, Tho r,mn =, I.r t''u US l,lrt q
sisted thai he should he paid ana ,,J 5$ r IL.
refused to sim III, nor. mai h., a.. . - ~
Locker and ,,,r ron ,, Was alrrE,r" 10 e,e To r
of igniup rnv uoIns t,r H., W. W. ~" nun tue power
demonstrated against that ACT as iIlrrI trbo II
decided it 1r0s LEGAL Nh I,wnr ,t,;,I VEL; I,
great unannjly viii, whist ,lr '';i N
Mr. Io,kr,,. NJ ,Y.; h.n,; .u1iI VI lWyhs
Hcipaty sustain tI'jr rnmC;i rie VI t' I,l' VI IL
while rbans mr. nnI;,i.aI ,,,,, -; " "' 'c ''"
of Mr. Locker occ,nirj an mcI r LII "'u''t
newspapers ,cyou, itr mun;cnI,r , ~ 'tit4!'
its interests his constituents rIc,r,i Tim ~ NY It.
before; 6owubsnnnn v 5.'.n 'f tnell nor any MAJ
the maynr in his nt,r;a nn,c;3' ~.
the ron,r h,, l'ot "liy 'htu'"rErd hy
nrnsrrtr NJ IVY" VI ny resolution. c"liht"S tr
thousand five h,,,rnI "il ,Itl! W ms zee OF Two
preme Court ~ ~ ' '"'''e" '''c gu
The mayor remarks th,, ss il mall, "a ,,,o, ,L =,
I'ema"d adircsscd 10 M Ccouu ,rGs an ih;,,y '" .
Of powey MOI uIcn,cI ,v ,ba i -, i'g 'Hr
1896 and ren,,, ,n IL, IA" VI ~ gu :i"rt H.
tons are Co,,ltci vi "'it'' 'ui u-
in their fret ro.i, e'i "ec,artu any sUrh ttng
and rirnla % @ M te II Is worthy ct gu the aarcash
il RIt !, 81 hnn,'' nus So Pr,'l2aiF bestowed on
susceptible orbcjng So c"nsrmeI , T. " "'a ti, Is