New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-07-16
SATURDAY MORNING, JULY Is, 1858
THE CITY COUNCIL and ONE OF
IT'S MEMBERS


We will briefly reply to a communicated
which appeared in our columns on the 14tl
inst. relative to the question involved in thu
above heading
By the eighteenth section Of the Act to Con-
solidate the City of New Orleans, etc., it is de-
clared each Board shall g be judge of the cleo
ton returns and qualifications Of its o'cn
members" etc.
Under this section it is clear the Board Of Al
dermen is constituted the judge of the qualifca-
tions of its members.
Section fifth of the Act of Consolidation set
forth the qualifications of an Alderman, to wit
The qualifications of Aldermen shall be thu
same as are required for Members of the Hous,
Of Representatives in the General Assembly o
the State.
Article six, title eleven, of the Constitution o
the State ordains: Every duly qualified cleo
tor under this Constitution shall be eligible L
seat in the General Assembly" etc; and ar,
Gle ten, of the same title, prescribes: Every
free tchite male who has attained the age o.
twenty-one years." etc., shall have the right
Of voting" etc
As the Board of Aldermen is, under this Act
the judge of the qualifications of its member,
and, as the being free white male is one of the
essential qualifications of an Alderman, it fol-
lows, necessarily, that the Board of Aldermen IRE
authorized to'judge whether any person claim
ing TO be an Alderman, and whose claim is de-
MED and contravened on the ground that he is
not white male, is or is not, in point of fact,
,chite male. ie sll
of lat in tsp.r t1,a Roc
the judge of the qualifications of its members
is apparent 1t is to enable the Board to main
tain the integrity of its own body; to prevent
any one who has not been lawfully chosen from
usurping seat to which he is not entitled to
see that the government of the city is admins
tered by the representatives of the people-by
those to whom it is entrusted by the Constitu-
ton and laws of the State
1t is mistake to suppose that the right to
judge of the qualification of a member ceases
upon the admission of one, who has been elected
to participation in the rights of membership
The right to judge is continuous, and never ex-
pires The disqualification of one admitted to
membership may not betfKnown, even to HIM
self, at the time of the admission. The right
to Judge in the matter, is the right Of the peo-
pie to be governed by their proper representa-
tlves, and, from the very nature of the thing,
can not be limited or qualified under the law in
question.
The sixth section of the Saith chapter of the
acts OF 1916 declares that the City Council shall
be the judge of the elections of the Mayor Re-
corder, and its members
Article 873, Code of Practice, enacts that
when the Legislature has granted to corpora
ton the right to determine the validity of the
election of its members or officers, courts or
justice shall not issue mandates to inquire
into that fact.
The case of the Mayor and others Us. Morgan,
is decisive of the authority of the Board of Al
dermen in the matter now before the Council
The right to judge carries with it the duty to in
quire, and the discharge of that duty involves
no encroachment on the powers of the judiciary.
In the case referred to, the Court expressly de
cided that the Act of the Legislature constitu-
ting the Council the judge Of the qualifications
of its members, did not violate the Constitution
that the Court of the First District was conse
quently without jurisdiction; that its proceed
ings were cordm non JUDGE, ETC.
Martin, Judge, in delivering the opinion of
the court in this case, says g As the Council
could not well proceed to business without as
oertaining the rights of its members to their
seats, the Legislature had the power to render
1t judge of the validity of their elections, and
prohibit courts Of Justice ,trom interferiag
wth ITS decisions. There is no greater ineon- |
gruity in the Council exercising in this respect.
within the city of New Orleans, u kind of iu- |
dlcial power, than in exercising legislative pow
ers, which it is universally admitted they NAV
exercise, in matters which are the object of the
charter of the city"
No new point is presented by the present case
before the Council. We express no opinion nre-
Judicial to the status of the member, hut mn.
hold as in duty bound the just and lawful au-
thority of the Board to inquire into and decide
upon the qualifications of its members We
hope and believe that after proper inyestiga-
ton the member whose claim to being an Alder. |
man is denied and contravened will establish
conclusively his right to retain his present seat,
and thus relieve his family from the supposed
resting upon them.