New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-07-12
TUESDAY MORNING, JULY II, 1853
THE BOARD OF .fLDERME.N' .fA.D ITS
DISQUALIFIED MEMBERS

- OsAitD VII sIfsDE hsHEsN nv ~ 4
DISQUALIFIED MEMBERS,
Ever since the organization of the presen
Board of Assistant Aldermen much of its tim
has been occupied in discussing the qualifica
tons of its members. 1t has been objected tha
Mr.. Brady is not a citizen, not having bee
naturalzed, and that such being the case he il
not qualified to hold his seat Mr. Brady, by
his failure to have the matter inquired into and
settled, leads the community to infer that he
breads the investigation, and thus tacitly adj
mits that he has no right to sit in council with
his sapient compeers.
Mr.. George Pandelli, member from the
Third District, is also stated to be disqualified
The Committee on Elections, appointed by the
Board, permitted him to take his seat, not find
ing the charge against him substantiated. Sub
sequently the charge was reiterated and it was
broadly asserted that Mr. Pandelli, one of the
City Fathers, was branch of family tree that
took root and fourished among some of the
Congo tribes on the soil of Africa This charge
OF course raised strong fume of Indignation
from some of the members and from Mr.. George
Pandelli in particular, while others believed it,
and all coneurred in giving him fair show for
as to clear up what was dark about the matter,
aad to remove the imputation if possible.
To this end committee of seven of the most
respectable members of the Board was appointed
to investigate the matter, and to report favor
ably or unfayorably as to his right to sit in the
Council, as the case might be.
After the committee was appointed to ex-
anime into the charges against Mr.. Pandelli, he
failed to meet and to combat them, but pro-
ceeded to take out from the Fourth District
Court an injunction, restraining the committee
from proceeding with the investigation.
This application for an injunction is based on
the 4oth section of the City Charter, which says:
" The right of any Mayor, Recorder, or other
officer of the City of New Orleans, to fill the
office held by him, may be tested at any time.
by any citizen, by writ Of qso ,rarranto,
which shall be tried as summarily as possible.
both in the Inferior and Appellate Courts"
1t is ridiculous to suppose that the status
OF member of the Board of Assistant Alder
men can be tested under this section. as it
Is perfectly plain that an Alderman cannot he
considered an sc officer" of the city, any more
than member of the Legislature can be co l.
HA"SiSN "h piASVl VI the ioiaIe. An - OIL
cer' 1t would appear to us, must have some
executive powers, and an Assistant Alderman
tsaye when he sits as a Recorder) has none. II
the Legislature had intended to iuclude nom
bers Of the Board of Aldermen who are NOT
generally considered g officers" it certainly
would have mentioned them. Be this as il NAV.
TINS auth section only points out one mode BY
which the right of an GO officer" may be tested
and by no means excludes the operation of soc.
ton IL, giving the Boards the right to Judge Of |
=" the qualifications of their own members
The 18th section of the City Charter gives to
the Two Boards OF Aldermen expressly, the right
TO Judge OF the election returns and aualifca
tons Of their own members" and the same sec
ton gives them the right to expel member ,
This section gives the Board the right to reject |
member, and afterwards to expel him for n |
cause existing antecedent to his admission.
The Board of Assistant Aldermen is i leris.
lative body mot administrative in the sense
which would make its members officers, of tho
city, and in its limited sphere is assimilated 10
other Legislative bodies, the Senate Of tho
United States, etc. Every one remembers the
case of General Shields, who was refused scot
III INC Ouiteu states senate, because lesrNaS mot
q citizen 1t was the constitutional right or
Senate to exclude him. They would have
right to exclude Fred Douglass, and they would
do SO, no doubt. Our Board of Assistant Alder.
men, in their limited capacity, are but another
Senate on small scale, acting under the Con.
stitution of the State, which excludes certain
persons from civil rights and, acting under that
Constitution, they have right to decide whe
Their such persons shall sit among them.
We are surprised that Judge Reynolds should
have granted an injunction on such slight
grounds, as it is beyond question the right of
very legislative body to judge of the oualifca-
ions of its own members This proceeding
gitates question that has never before been
nooted, and should like attempt he made to
nterpose judicial authority against the pre-
criptive rights of other Legislative bodies, we !
oubt not that it would be met with that total
isregard which it deserves On mature con.
liberation of the matter by the court it is to be
resumed that the injunction will be dissolved ;