New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-10-14
LOCAL MATTERS.

Court-Jitdge Reynolds-The following decision rem
| dered in this Thursday P G. PANDELY rs ].
GILMORE, d els-This suit commenced by ipjunc-
ton commanding defendants not to inquire further into
the qualifications of plaintiff to take his the
members of the Assistant Board of Aldermen the city
| of New Orleans.
There is controversy to the facts the case to
wit that plaintiff duly elected, and by a report of
committee of the Council permitted to take his
member, without any reservation The consttutonality
of the law organizing and defining the powers of the
Board of Aldermen is not questioned The only matters
inquiry the trial of this rule what authority
the Courts have the Councwhether the power of
the Council to consider the qualifications of its members
special and after has been exercised or
whether the Council having received rejected
member, reconsider their action thereon.
The of the Legislature Of 1852 Sec IS is the only
| statute the subject, and says
Each Board shall be judge of the election returns and
qualifications its members have power to direct special
elections fill its vacancies, to censure members,
and expel member by vote Of two-thirds of all the
! members elected, after five days notice, etc
Article SIS, Code Of Practice, says:
When the Legislature has granted to corporation the
right determine the validity of the elections of its
members officers courts Of justice shall not issue
dates for the purpose of inquirng into that fact.n
The question presented of great Importance and
has been examined with much by the Court There
are adjudcated the only approxmatng to
it is that of the Mayor and others Morgan eth Martini
N. s., in which mandamus issued commanding the
City Council to receive member who had been rejected
by them. That Council organized under the act of
1916 section g. Moreau Lislet, page 125 12 The City
Council shall be judge Of the election of the Mayor Recor
der and its members" The law of 1882 be more
explicit than that Of 1916 aud gives much greater power
| to the Council
The Supreme Court, in the referred to- decided
that the Court without jurisdiction and maintained
the action of the Council,
1t cannot be denied that the Board of Aldermen might
have rejected the plaintiff when he presented himself
take his seat and that he would have been without any
remedy then in that case the Board of Aldermen dis
covering their error in not admitting member duly
elected and qualified have they not the power
their action and correct their error think they have
and if having wrongfuly received member they can
| afterwards reject him.
At the organization of any Board Convention those
persons presenting faee proof election etc.
usually admitted to their seats sometimes without aay
qury to their qualifications and unless the Board
the power claimed by defendants great wrong might
done by admitting members utterly disqualified by law
Whether the Legislature have conferred great and
limited power in the Board of Aldermen of the cy-power
dangerous to the rights of Individuals question
for this Court to decide.
1t is therefore ordered adjudged and decreed that the
injunction issued herein be dissolved. with costs
1NoUEsTs.-An inquest was held yesterday on
the body of white named Samuel Lee aged %
years native of Maryland, found dead board the
towboat DeSoto lying opposite the Marigny buildings
Third District verdict "Ded from scaldng and burns
caused by the explosion of the boilers of the towboat
Thos McDanes the 18th inst at the Southwest Pass
Also, on the body of white named Robert Elliott
aged Al years, native of Maryland, found dead in
house the Levee between Engine and Port streets
Third District. Verdict as above.
| HIu A., l. -.
Peter Margangan for onously possessing himself of
mans hat, Crossman street where hats certainly
should not be Peter in his nightly rambe had
stumbled suddenly upon young buck extended in dooI
way fast asleep The hat of the somnolent indiy dual
in consequence of his recu1bent position shifting the
ballast "a brick)had rolled into the middle of the pave
ment and there it lay its sleek and glossy shining
in the gas ligba most modern TILL hat of approved
shape and proportions Peter stood under the shadow
the amppost and gazed first at the sleeping individual
and then at his neglected and tempting headgear Their
Peter dotted his own and battered haiti it de
served the nameand contrasted its sorry appearance
with the polished neatness of the before him. The
article which Peter held in his hand certainly had mo-
come from the shelves of either Belden DARCY 1T
appearance Of most incorporating ugliness, its oT
appearance would have thrown Partisan manufacturer
into ut its shot straight up from the rim with
out taper curve its rim cooked up on either side
and grooyed down to point before and behind like thu
snout of coffee pot forciby suggesting the idea of IT.
utility in the event of sudden shower it had
vice it had been banged about it had been qaved in 1T
original shape had been bad enough usage hat
used it up completely II most monstrous hat ant
Peter when no compared its deformes with the aristo
cratic beauty Of the upon the pavement, becam,
thoroughly disguised with his old companion
lie gazed furtively about be thought the coast wa
clear he emerged from the shadow into the gasght
dropped his hat as if by accident he stopped pick