New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-03-16
Local Intelligence.

INouEsTs.-Coroner 7. j. Wilkinson yester-
aGerman name unknown found drowned in Lake Point
chartrain. Verdict-"Accidental drowning"
Also, the body of man, name unknown, found dead
returned Californian aud got on board the Philadelphia
at Aspinwal He Is supposed to have been native OF
ireland. and aged about thirtyeght years He had
his left arm in indian ink the initials D. To- and star
Verdict" Died OF hemoptysis.n
FIRST DISTRICT COURT, JUDGE LARuE-- The
STATE e Relation Of Norbert 71epager f. NJ Coyat
this case
This is an application for peremptory mandamus to
defendant surrender to the possession of the relation the
Office of Recorder of Births and Deaths in and for the Par
h of Orleans together with its registers indexes dockets
seal of Office, records and archives.
rule granted to show cause why the mandamus
should not issue prayed for The defendant showed for
cause that he duly appointed to said office the
Both of March, 1916 and reappointed 10th Febru
ary 1850 alleges that he is entitled hold the office
for the full term Of four years under the latter appoint
The relation was appointed to the office on the 4h of
March, 1858.
The office question crested by the act the 18th
April 1871 the 18th section Of which provides For the
Parish of Orleans there shall be for the city of New Or
leans office Records of Births and Deaths whereofthe
officer shall be appointed by the Governor There
term fixed the term is indefinite.
Under these circumstances the officer might, at any
time, be superseded by the appointing power in accord
ance with the doctrines laid down by the Supreme Court
of the United States in de Henner II Peters, $50 and
affirmed by the Supreme Court of this State in the
OF Nicholson and others Thompson and Others Rob
insons Reports Page400
But the Goth article Of the Constitution of 1915 declares
that the duration of all offices not fixed by this Const
tuition shall exceed four The design of the
article evidently to restrict the power Of the Lgsa
ture and prevent the creation of officers with longer
tenure. This prohibve clause, however has been, by
the decisions Of the Supreme Court construed to
that wherever the term of Office indefinite the law
u becomes definite term for four years by the operation
of the Constitution. Kelly Giy, Annual 5J4 State
Percy Annual 90 But the Constitution of 1915 has
been superseded by that of 1852 and the latter contains
nothing similar to the 96th article of the former the four
years. term therefore, which by construction deduced
from that article has disappeared with the article itself
and the office question is held under the original of
1911 and Of course the officer is liable to be suspended
by the appointing power.
The defendant however claims that as he was appoint
ed under the Constitution of 1o45 when his appointment
was construed to be for four years. that change in
the tenure Of the Office have effect upon him until
the full term has expired and he cites decided
in Georgia and two in North Carolina in which the Legis
atre had changed the tenure Of clerks of courts from
Of good Behaviour to term Of years which at the first
blush would to support his preensions but neither
Of the cases, when carefully examined will be found ap
pcable to the present controversy The change in the
tenure Of office OF the Recorder of Births and Deaths
not the work of the Iegisatureit done by
reign Convention of the Satethe action of which
approved by large majority of the people That Con-
Office in question it had to change the tenure OF those
Of the Judges it did not change both and the defendant
in this case and the Judge who decided it, must alike sub
init with the best grace they can.
Let the atafdaRls issue as prayed for.
Isaac TODD was yesterday tried in this Court,
for q charge Of larceny, and found guilty.
with dangerous weapon the person of Isaac Holiness
was acquitted
John Montague alias John McTigne alias
Johnny Sticks, plead guilty to charge of larceny.
FIFTH DISTRICT CoURT-D R. Carroll Us.
George Conelly Plaintiff sued agent of Glendy
Burke (steamboat for freight Defendant refused pay
the ground that two bales of cotton of the original
shipment per bill of adng not delivered with the
balance were brought to this market by another boat at
subsequent time, and sold account of defendant,
consgnee when cotton was at less rates in the market
Defendant therefore, claimed
time Of due delivery and actual delivery etc. Judgment
for defendant.
PICKPoCKET. Brown was yesterday
examined before Recorder Winter the charge of having
attempted to pick mans pocket and committed for trial
before the First District Court The individual is
under suspicion Of having robbed of five hundred
dollars and a gold watch on sunday night.
RECORDERS Court, SECOND DISTRICT. Co,ua-
teri Gold DustPhp Runkel yesterday deposed before
Recorder Genos that he keeps variety No. "a
Royal street. and that on the 18th instant man named
Levy came to his store and offered to sell to him
quantity of metal which he represented to be gold dust
Doponent believing the metal to be gold and on LEWIS
offering to take onehaf should sell merchandise
and the balance in cash. him the Of twelve dol
lars and merchandise worth the amount making the
sum OF twenty dollars the amount of the pretended
gold Having since been informed that said metal was
galvanized and worthless deponent charged the accused
with swindng Levy was sent for trial before the First
District Court.
CHARGE OF FoRGERY.-John Kelly was YES
terday examined before Recorder Genos on charge of
perjury brought against him by L. T. smonds the 2st
Of December last The complainant stated in his affidavit
that about the 10th of last December the accused did
answer to interrogaores facts and articles him pro-
pounded by the complainant in certain suit in the Third
District Court, falsely and that he did not
sign the John Graves to certain receipt and
did further falsely that he had received
tain money by him received to the Knowledge Of
was sent before the First District
Court.
BOARD OF ALDERMEN body met last
evening, eight members PRESENTLY. O. Q, Claiborne in
the chair.
The reading of tho journal was, as usual dispensed
with.
communication from the Surveyor reported the value
Of the property surrendered by Liberty Hose Company
The Police Jury of the Parish of Orleans right bank
made report of regulations adopted for the
Of the Agiers Ferry Referred to the committee on
Streets and Landings.
communication from Eagle Fire Company No was
referred to the Fire Committee.
petition from Anthony Rascb President of the Gath
oc Orphan Asylum, Third District asking the La
ayette Square for giving exhibition Of Fire Works for
the benefit of said institution received and resou
ton was passed unanimously granting the prayer of said
petition from citizens Of the Fourth District asking
that certain vaults ordered to be built in the Old 6emete
ry in said District be built in the New Cemetery in the
of said District referred to the Police Committee
bill for furniture supplied to the Recorders Office of
the Third District was referred to the Police Committee
petition relative to the Fisk Library was referred to
the Committee on Education.
petition from citizens on Bsrrack street praying the
abatement Of nuisance was referred to the Committee
on Streets and Landings
The Special Committee to whom was referred the mes
in rendering the Place dAres to the State for the erec
ton of State-house, made a report stating it az the
opinion of the committee that the Council had power to
dispose Of said square for the purpose above mentioned
etc. The committee recommended that the Council per-
st in the resolution appropratng said square for site
for Statehouse aforesaid On motion to persist in
the resolution appropatng said square aforesaid the
yeas and nays called and the persisted in
petition from the Commissioners of the House of Re-
uge relative TO the appropriation Of lot of ground on
Apollo street. for the erection Of Female House Of Re-
fuge referred to the Committee on and
Prisons
communication from the City Attorney relative to a
Judgment obtained by Robert Murphy against the eaty
received and spread on the minutes.
resolution approving the sale of the contract to Pat
rick Nestor for digging canal In the Third District at
S25 per running foot was adopted.
resolution requiring the Deputy Wharfngers to fur
nish their monthly reports to the Wharuger to the Coun
Gil adopted.
sundry resolutions from the Assistant Board were taken
up and concurred in.
BOARD or ASSISTANT ALDEREEN. This BODY
met last evening Sixteen members present and the
President, DR. Alpuente in the Chair.
letter from the Comptroller notifying the BOARD of
the sale of sundry contracts referred to the Commit
tee on Streets and Landings.
The Surveyor transmitted his estimate of the value of
the property surrendered by Liberty Hose Company It
was referred to the Fire Committee
A message from the Board of Aldermen was read In
which they concurred in several resolutions
From the Board OF Aldermen: A resolution to nav d
Cronau contractor the amount of his bill less one hun
bred dollars, deducted as fine Adopted.
resolution for the payment of four hundred dollars to
L. Castera. Rejected
resolution donating BARRIERS Panetarium to the Me-
chancs' Institute Referred to the Committee on Educa