New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-14
[oommu nicated

INJURY.
/ Communicated.
Our Council.
Messys. Edors-The proceedings of the Board of Al
dermen and Of Assistant Aldermen joint assembly on
Tuesday last nsomuch touched their attempt to elect
Recorder for the First District happily broken up
by the techncalities Of their parliamentary rules.
Upon the question whether or not Mr.. Alderman Bloom
field had the legal right to vote neither the hasty ecis
Ion of the President the nearly unanimous sustaining
OF that decision by the Board Of Assistants has satisfied
the constituents Of Mr. Alderman Bloomfield that they
were legally DISTINGUISHED. On the contrary they are
satisfied that is they and not Mr. Bloomfield who are
personally interested - in the choice of their rulers
and it sounds very like anomaly to them In their con-
sructon of our municipal government organization that
should be decreed by either Board Of the Council that
of their number any whosoeyer should pre-
tend to lay claim and personal interest or right in
any public office whatsoever The vote of Mr. Bloomfield
belonged to his constituents and until be manifest
that the Willingness Of good citizen to accept and
form the duties of Office to which he may be called
OF itself matter of such personal interest as to shut
up his Judgment upon his own honesty and capacity
Then very certain it is that Mr. Bloomfield will be usti
tied by the course which contrary to his dictates
good taste, he was earnestly solicited to take.
However, this matter is only important inasmuch as 1t
has led to the careful investigation of acts creating
the structure of city and brought
home to US clearly and distinctly in advance of definite
action upon election such construction of the munich
pal law as will happily from vexatous and litig
GUS suit in court under application for wrs of a,das
and ca7anto, which proceedings all know have of
late been too scandalously frequent
And now to the law 1t appears by the ocia records
of the journal of the present City Council acting under
the requirements of the consolidation act that under
date Of 18th May, 1864, WiAam Bloomfield, ST., ruqs
unanimously elected .assistant RecoYdcrn Under what
law To what end Here the answers to these cues
tons The 2sth section of the act of consolidation reads
the following;
1.-THE Common Council shall, in Joint meeting elect
etta rocs, from their number, four persons who shall
dfen act as Recorders por in the case Of sickness
or absence OF any one or more of the Recorders they
alone shall have power of acting examining or commit
ting magistrates and of reee ing any persons arrested
given.''
Under this section, which governed and OVERRIDE the
preceding 18th section SO far and far only as the va
cances touching the office of Recorder are affected the
Common Council, the 18th of May, 1854 took action
and the result of their work still lives That which thew
then did remains and must remain until the end Of the
unexpired term of exRecorder Summers and until the
next city election Whense whatsoever that de-
signation may be-
The words of the 2Sh section are clear and free from
ambiguity and the construction here given is in care
full accord not only with the rules Of the common law
MAXIM crPressio tius est ercsio a but Of the rules
laid down in own code for the construction of statutes
The 10Th section already acted upon and oyer-rdden
by the 2Sth section reads as follows
Whenever vacancy shall occur by death or 9th ,,;se
in the Office of the Mayor Recorder Treasurer Control
surveyor Or Street Commissioner it shall be the duty
Of the Boards of Aldermen in joint meeting to elect
tard roee person qualified to in the office 30 va
Gated, who shall continue in office until the Monday sue
ceeding the next city election and until his successor
snail nave been duly elected and qualifedn
n plnar hat affo h;c
the statute corrected and wisely too by the 2sh
sseffon which took off and away from the Council the
right to elect Recorder from their own BODY
fhls officer only is touched by the 18th section and it
he alone who being already member of the Council and
SO ca octo Justice of the Peace be taken from ont
of the Council while the Mayor Treasurer Street Com
missioner Surveyor and Controller are left as thew
and left as they should be- for choice the people at
large Thus, the only person qualifedn for election
pra to fill vacancy in the Recorders office is some
member of the Council.
From all time the Office of Recorder has been with us
closely connected with the duties of the Alderman the
Recorder has been oco President the Council and
Aldermen have under their commissions as Justices of the
Peace exercised all the rights of the Recorder
lt has been seen that on the 18th of May 1854 the
Council acted upon the requirements Of the whole Con-
sodation Act and unanimously elected to service ms
Recorder in of the absence the Recorder already
the case foreseen by the law and which the contingency
now present. to wit the office of Recorder made vacant
by the abandonment absence or resignation of Mr.
Summers.
This is made to appear the certain construction BY
the put case of if to-day Mr. Bloomfield who is certainly
now in office till his successor be made should himself Be
absent could the Council go out from their own number
for who should be elected to serve as as Recorder
Clearly not.
For the exhausng of the panel of the members of the
City Council the Monday succeeding the next city elec-
tion, is the only contingency. What city election,
and where it takes place, questions little moment
nowfor, at all events it Is clear that until such city
electonn does take place William Bloomfield senior is
the only elected Recorder of the District He must
insist upon the post He protest against any cleo
tion by the Council which may Gust him. All acts and
DEGREES made by another than by the officer who holds
under the proceedings of the 18th of May 1854 will be
nulties and the guilty will be freed from their bonds
and the innocent will dtrust justice haryestfed
will be opened wherein little be left for law SO tram
pied upon will it have been by lawyers unless Mr. Recor
der Bloomfield shall insist upon the rules of law touching
himself with the same vigor and integrity with which he
has given them execution where others were.
Gentlemen of the City Council is good rule to let
well enough alone especially where change made merely
for change may bring train of trouble with it, LEX
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