The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-04

Il he decision oil tne COuncii vi eho ieSoi f""i
cations of the Alderman elect from the Sixth Ward,
has called forth cons ttutional argument from the
Delta We are unwilling to have the Major sub
iected to the pains and gories Of martyrdom un-
necessarily, and shall endeavor to show that he is
not in danger of any such canonization.
Before attempting to remove. him from the i'm
mnent peril in which the Delta would place him,
it is necessary to state the facts.
He moved into the Sixth Ward after November
1st The election took place on December 23d.
The qualifications of an Alderman are defined in
the act of February H. 1905:
mo person shall be eligible an Alderman who at the
time Of bis election does not possess the qualifications OF an
What are the qualifications Of an eector! The
act of 1S47, providing for elections in the Parishes
of Orleans and Jefferson reads:
That each shall vote in the precinct in which he re-
sides at the time Of the election and he shall be deemed 70 re-
ss w " January ns' .qsss or slept III ' last ~
But, says the Delta the Constitution enumerates
the qualifications Of voters, and the Legislature
cannot restrict the right. 1t then quotes one Arti-
cle-being Article 10, Title 1.-THE Legislative
Department:
sin all elections by the peoples every white male who Ia.
attained the years. resided State
consecutive the election and the last
htreoi W e Pnisn III "'oi 0 o''eiS w WIZ anu" "'e o
Rut il neolects To give another Article, equally
;mnortant. Article "a is as follows:
No person shall be entitled to vote at any election held in
this State except IN the Parish OF MS residence and IN cities
precinctin which he resides.
The Constitution divides the city into kepresen-
tive Districts and requires the elector to reside in
the district in which he votes
A strict construction Of these two Articles would
require years residence in the election precinct.
The party must reside year in the Parish, or pre-
cinct, where there are precincts, before he can
vote. This is the fair and only conclusion. But
the Legislature has reduced the residence to three
months in the precinct. 1t the case rested on the
Constitution, the Major would be victim sure
enough, not to his ncorruptbe honesty and sturdy
independence but to that stern tyrant, the Con-
stitution.
The case, however, turns on the sections OF the
City Charter, and its amendments For the Con-
stituton only provides for the qualifications OF the
electors for certain offices There IS no clause
that these shall be the qualifications. The statute
of January 20, lS47, is in regard to these same
Offices and does not refer at all to Municipal Offices
The act of 1886, dividing the city into Munclpali-
ties, declares that the qualifications OF Recorders
and Aldermen, and OF the voters tor the same, shall
be in all respects as prescribed by the laws now In
force in the city of New Orleans
A reference to the act OF 1915 shows " that no
one shall vote at an election OF the Mayor, Record
ers and Aldermen, o, the city OF New Orleans,
who at the time OF such election, has not resided
in the city one year next preceding said election,
and the last SIC months thereof, in the ward in
which he offers to vote" However, take either
view make his residence six months or three,
Major Beard cannot comply with the law. But,
says the Delta, he is an elector in the Fourth
Ward, therefore he is eligible in the Sixth Ward
for he resides in the por;sh But the Delta did
no, ,,r;,o nth .ha .r,bor;.,, -, ,ha .,hIa T..
ignorance of the whole subject deprives its candor
Of all merit. "We have not the act of the Leqis.
Iature by us, but we are quite familiar with a
clause of it. etc., A dasbinp article is doubtless
better written without those shackles to the fancy,
which knowledge of the subject sometimes i'm
doses. And a bad cause, perhaps, can be best
maintained by reckless. because ignorant course
Of reasoning. founded on mistaken premises.
Let us follow the editors reasoning to its conel,.
sion: Major Beard has resided, for the last year
in the Parsh-but not in the precinct-and is ar
| ,laotor Admit ,b;s and !, f,llo,,s tb. ~, ol..,
r,' .
- 49, a,,l VI ,i'' 81, WV
ny SIS, M. IT. 81 =. N: A'n " ai'
H. o,ae',as ~ ,taI a.,;o ,n1 -"
-, - NI
ID !; ...',a, - a.;" 4;.t 49, ~ ~ eo
b., :, .ha o,n,r,, ,la .,a.e,. - ~ iti,'
~. D. - Wv appne'
,no,s and th,t an aI.o,o, i. b. ,,,h h.. -
go :, a. ,,.;,o.
r., ,hara :. s.;ll .,o,h.. a.. ,,,.;,t ..h
.,. III Sc .L ~. - r
NJ, O-I...a ~ ~. ar MI n 1o1e
Tbat in ali eec,ions bv the neonIa FIR offices o
cal charters granted to be granted by the General Assem-
same as those prescribed at the time being BY The Copsttn
ION o. LOUISIANA, or the electors OF Representatives in the
These qualifications in the Constitution ara :,
,esdence If tvo ve,rs in the State and on. in ,ha
Parish. or in the nrecinct The statuts If III.
State. which undertakes to fix three months, resi-.
ience in nrecinct and to allow electors n vota in
the precinct where thew do NOT at the mome,t
reside is violation of the letter and shirt of the
Constitution. A law MIGHT AZ well zsuet5s,, as
shorten the period of residence. The Constitution
speaks of an actual present residence; the law OF
47 permits a mast residence to supply the place OF
the present s.tAlen is an eiector only IN the
W,;or Re,rd has M, resided twelve months in IN,
precinct. and therefore has no right to vote in tn
Sixth Ward, and cannot therefore serve as it
| Alderman. is he an elector in the Fourth Ward
He no longer resides there. Where. then. is hi
twelve months residence? A man who move
from one Parish into another, is compelled to wal
3, wear before he can vote. II i, the Constitution
/ and we see no good reason why it should not gov
srn in the CITY as well as in the country.
The Delta, however, contends that a man i
,,;n;h,o 10 .arv. !, ,ba of;o. If Ald.rr,,n ,,,bu