The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-12-12


The Bulletin. Of Saturday, attempted an elabo-
rate Argument to show that the Governors Procla-
nation Of December 1st, 1915, did not make the
new Constitution the law Of the land. We quoted
the ordinance which DEGREES that "upon the issu-
ing Of the proclamation, thsnceforth the Constitu-
ton shall be ordained and established as the Con-
stitution of the State The Bulletin attempts to
answer by asking whether "the Constitution then
went into effect or was acted upon in any one re-
spect as the law of the land - or whether on the
contrary, it was not notorious that the old Consu-
ton remained in full force and vigor, the Executive,
Judicial and all other civil officers acting under and
IN conformity with, and the State governed by it?
We can answer the first question by saying that
the Constitution did go into effect the 1stof De-
cember, 1916, and was consideredas the law OF the
land from that period. Under what law was the
election of Governor made in January, 1s46-under
the old Constitution or the new Was suffrage at
that election universal or limited And, if univef-
SAL in virtue OF what law if not by authority Of the
new Constitution
As to the second question, it implies iallacy
very common with old politicians; it assumes that
all Constitutions and all laws made for the pur-
pose Of creating offices and Of filling them with Of
hcS-holuItos 4 u5 AtANo VI viz nov NNAAoth'NF'N
does not depend on the officers, Executive, Legis-
ative and Judicial which may be elected under it.
These officers are the creatures, not the creators Of
the Constitution; and it is placing the creature
above the creator to say that the officers under
Constitution must be installed before the Constiu
ton itself can go into effect. Furtherit is said;
GAN the Judges of the State hold their seats for
limited term of years, and all were appointed sub
sequent to the organization of the new Government
in February 1916, but we presume no one will con-
tend that their respective terms OF office commenced
from the date of the PRONUNCIATION of the Consttu-
ton. Why then should the term of office for the
Notaries be referred back to that date ?"
This sentence might have been saved by the Bull
letin if it had read the 65h article of the COnstitu
ton: "When the first appointments are made I'M
der this Constitution the Chief Justice shall be ap-
pointed for eight years, one of the Associate Judges
for six years, one for four years, and one for two
years" The Judges held by virtue Of appointments
under the new Constitution, whereas the ex-Nota-
ries performed Notarial acts in virtue of commits
sions obtained under the old Constitution
The same reasoning which deprives Gov. John.
son OF the right to appoint Notaries in the place
those whose offices expired on the first of Decem.
Der last would annul all Legislative acts passed pre-
vious to the PRONUNCIATION OF the new Constitution
The ordaining Of new Constitution by the people
Of State does not destroy all the laws previously
in force in that State; it only repeats that part o
the law which is contrary to the new Constitution
Hence the law giving the Governor the right to ap
point Notaries, is as much in force now as ever
There is nothing in the new Constitution whicl
denies or takes away this right of appointment
And Gov. Johnson appears to be of this opinion al
so for he has during his term filed several Nota
rial vacancies which have occurred. . The follow
ing sentence of the Bulletin is a queer one;
" Although the PRONUNCIATION of the new Const
tuition established it the organic law of the Stat
yet by 01ieof IT'S provisions the operation of
suspended, and the term of the old Constitute
was extended, and actually did continue to be tn
fundamental law OF the State, until the new Go,
eminent was organized and went into operation i
the following February"
The idea of a Constitution going into effect me
mentarily, and merely for the sake of suspendin
its operations, is certainly striking and origina
The Constitution ought to be hung for committing
such a suicide The child no sooner sees the light
than it strangles itself. What baby!