The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-01

m. sshool Directors.
IT,. n.it. # Monday evening replies to the Cres-
|z..,,. .racle Of the morning Whatever faults may
% charged to the Delta that Of delay is not among
them; though 1t seems to lie at our doors. The
long silence Of the Crescent is not to be imputed to
" want Of confidence in the justice, wisdom, pro-
pretty of the course, pursued by the Council, but
from sense Of propriety. The subject had been
,eferre5so the tribunals for decision, and discus
sion by the press out of place. After the argu-
,aent of Mr.. Grymes for the Directors. and Of Mr..
Hunt for the Council, we thought the subject had
been exhausted. When, however, the Delta deemed
that the cause still needed its aid, felt bound to
answer, feeby" perhaps, its giant argument. So
much for our "long delay"
The Delta, in its FIRST article, admitted the right
Il the Council to repeal the ordinance creating the
Board Of Directors. Here are its own remarks:
hat the Council certainly have The and di'creton to
bosh an ordinance creating Office before he for
s sss IL .ea n tie wa rdses All
in 1900, when ths ohnoxou. appoislme's We got nd
2 Ss 4, he vie EXERCISE ,as Il ess f ~ sno
ss ssss We
be under the crcumstan there could be lille doubt oil
the power OF the Council to do So" y e.. So
1his cohceoes tue fgn' VI tHe oo"hcN ~ re-
peal the ofdinance.' But the Delta then proceeds
70 argue that the preamble of the ordinance multi
ies its operation!
But the ordinance Of the Council under consideration i.
e cal, bat i an act Of Accusation, or impesemen il
is torth in presnbe that the Hoard q Directors hay,
ccount they deem repeal the ciir ance creating
order 70 make way another anu ''' compliant
II becomes important to ascertain what is the
power of preamble. Against the legal novelty oil
he Delta we cited legal truism, that the preamble
u" pa'' - 'ne "A' 'na. nv P'e@A,o' !,
could, IN advance, stuiny the statute II preceded
ne councl naa the fieh' 70 pass 'he ordinance
We, - . ~ - nj y, '.o
.hoie, ""a,es 'ne wnoie AniS Is Tue De'a > ia"
y. ~, ~ MS -. We ."o 10" ~ -.
strictly speaking part Of it. They msy show
~ ~ s T6ey %sy az tines ad IN liz
ructen bat generally they are very loosely and caIe
e may Be resorta to in order to the
making Ct ths statute put wnsn e words Of the enact
he preamble. II
Notwithstanding that Lord Coke considers the preamble
nston in hs abseryatols on The Statutes has shown by
I'M na. lesso ,bs
the law when n fact had existed The true rule
noom that The be ieorted 70 In restraining The
" y, \ wnem Won't ne or
snaeting 81 luse if il By doubtful T9i. is the whole extent
49,. IL $50. 49, NV.
- y
II 5. IN. 81. i, -, =.
!. w 'N '"'' '''''"
If statute NOW he definition Of presme .' Par h
,Ioducicry part Of statute Thtu ugh the preamble dos
souru il universally considered as part of lie au,e io
now 'n Jsol and intent q me sw W9s that object and
(Which in the esss Of the corpora on is the act II The es
ao s'u''S Will consoe ana Interfere 10 prevent nch NO.
Now what violation is there of the supreme law ?
Wbv that il elects certain persons ont of an o5ice
bv the repeal of the ordinance creating that Office
which reneal the Della has already admitted (,s
nv opot,,ions, the Cou,c; had , ,;oht 70 sn.o,
Whv does NOT Ito ro,son;nu snrlv With oo,,l
tn tho ~, IF cono,o.s r.ns.r;no ,ho I,a;o;., -,
~ ha a,,I, -.
- g e.' "
- ..,,.as yn n,
Wv so 49, - Aa'e w e" ~. =,
"'o'i'e .a""V' naSe any aeHon vi 'ie power o' 'he
Douy' .ne power eA'''s 70 iePeai
p'e''o"S ie"' me .'io'lSes wn'cn ac.ua'e the re-
'e"' 10 'anno, 'aAe " away ING Legislature nave
I" uioo"o'eu iish', accofoihs 10 the Deita con-
cessioh ana lustratoh, 10 repeal the present judi
ciary system, Whether the object be to get rid o
he Judges or to make better system.
The propriety of the course adopted by the Coun
ell is best defended by a reference to the facts
The Directors, in violation of the ordinance, gran
The use of the Hall for purposes foreign to its des
nation. The Council requires them to reecind the
permission titus granted. The Directors lay The
communication of the Council on the table and re-
use to rescnd their illegal act. 1t is after this re
fusai that the petitioners withdraw their request
and decline to use the Hall. The Council repeal
he ordinance under which the Directors act, and
pass new ordinance changing the time of election,
md The official year. The Directors obtain an in
Il Road nndsr the new .u and of oil ao,ion II,