New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-06-01
THE ELECTION LAxy-CENTRAL BOARD
E OF COMMISSIONERS.


n the premises, and only draw our differences from
he letter addressed to Mayor Waterman by the At
orney General inviting the former to participate in
he proceedings of the Board.
5 If the Board has not proceeded to organize, the
aut rests with the majority of the members thereof
rhe Board is composed of five members, majority of
whom can do business if they are so disposed. Three
If the members, Messrs St. Martin Register of Votes
md Braud and Rozier, were appointed by the Gov
srnor, Mr. Noise was elected to the Attorney Gener
,lship by the people Of the State and Mr. Waterman
vas chosen to the Mayoralty by the voters of New
Orleans As the latter gentleman has peremptorily
refused to serve and the law constitutes the Mayor
a permanent member, the Board can consist of but
four unless the chief magistrate Of the corporation is
compelled to serve by the pressure OF writ OF man.
damus.
But whether the Board has organized or not, re-
mains profound mystery. We have not heard even
an affirmative negative whisper. All is shrouoed
in Egyptian darkness, and silence regns profound If
the Board is in existence it has given no token oil
VITALITY If it is alive its breathings not percep-
tble to the public If it is preparing to act, 1t
has vouchsafed no sign Of action to those who are
most deeply interested in its movements. The people
are anxious to know what has been done. painful
feeling Of anxiety throbs through every fibre OF our
corporate body polite. Our citizens desire to be re-
lieved from uncertainty and suspense-wsh official IN
formation in the premises-ask that light and GER
tainty shall take the places of mystery and doubt
To effect this laudable end in which much good
and nothing wrong is involved we think the Central
Board of Commissioners should spread an account OF
their proceedings before the public through the city
press What they do should be as free as the air and
as public as the sunshine. They are no secret as
sociation no Yenitian Council of Ten no irrespon-
sihe tribunal to sit in mystery and act in darkness
upon matters directly touching the dearest rights OF
their equals The authority under which they act is
known to the whole community Their acts. under
that authorization should enjoy an equal publicity
By these remarks we do not wish to be understood
as casting censure upon the Board of Commissioners
Such is not intention at the present writing Per-
haps they are not sufficiently advanced to make
public showing. If so, well and good-and~if not,
well and good, provided the people of New Orleans
are not kept in the dark an unnecessary length OF
me-proyided the sought-for knowledge is not too
long withheld.
But there is another point of infinitely more inn
portance that should beettled at the earliest pract
cable moment. ALI the members of the Board are
citizens of New Orleans, and are, consequently, pre-
sumed to feel interest in whatever pertains to the
honor and welfare of the city of their resdence-pre-
sumed to take in the tranquilzation OF the
community and the ulling Of popular passions They
| are aware that the Election Law is viewed with a
detestation and adherence that is well nigh unver-
sal that it is looked upon as an engine of oppression
and degradation, alike despotic and revolving and
that ii is regarded unconstitutional in all its scope
and bearing, nature and tendency. What, then, is
their duty as good citzens-their plain and papable
duty? Why to test the constitutonaty of the obnoX
ous statute before the highest judicial tribunal of the
commonwealth, as speedily as possible. If they de
sire peace and harmony if they would restore the
ancient era of good feeling if they would obviate
the possibility of riots and bloodshed in November
next they will assuredly do this And if they do no
use every exertion to bring the law to final test
they produce delays interpose obstacles, they vii
be justly held amenabe at the bar of public opihio
for whatever deplorable consequences may flow froI
their action or nonaction. There will be no escap
for them.
That the constitutionality of the Election Law ca
be brought to summary issue was demonstrated
a correspondent of the Crescent on Fridy mornin
last. The Mayor has positively declined to dscharg
the functions the law imposed upon him, believing it
be unconstitutional and knowing it to be abominablt
The Code of Practice, Art. 1874, provides a remed
for such destinations. We quote: "The writ @
mandamus may he directed to PUBLIC OFFICERS
compel them to fulfil any ofthe duties attached to thei
office, or which may be legally required of them.
Under this provision of the Code although not pre-
tending to much legal knowledge, it seems to tn
Central Board of Commissioners could sue out wri
of mandamus against the Mayor and that the Mayo
could then, for full cause, maintain that the law
unconstitutional and thus bring the whole question
on its merits, before the courts. By mutual consen
all around the legal technicalities, if such exist
be easily obviated and there is doub. the courts
owing to the vast Importance of the and the stat
of feeling that prevails, will extend every facility tc
wards etecting final settlement of the vexed ques
ton. ~ #....., .-
Now, will the Board of Commissioners take meal
ure to bring about this legal ISSUE or will they evad
it? eve pause for reply !" but trust we shall nc
be obliged to pause for any considerable period.
4 a CORRESPONDENT of the Times suggested anothe
MEANS day or two since, whereby the constitution
allty or unconstitutonality Of the law could be d.
termined at an early day. We quote the paragrap
containing the gst of the communication
Then let the Board be organized; let some one VII
shall be agreed upon, amicably, as suitable to act
special deputy be appointed let him. for the pnrpos
Of testing the consttutonality of the law, refuse
act or pay the fine the Commissioner cause him
be imprisoned the same amity still existing. WI
of habeas corpus would issue Immediately upon a
plication, and on hearing the whole merits of IL
law would pass under revision, and that withol
delay then il it is decided to be unconstitutional
will find its grave in peace.
Here are two modes through which speedy leg
settlement may be arrived at; and if they are insult
Gent, the eminent lawyers in the Board can devil
Others if they not disposed in favor of procras
nation for the purpose of accomplishing ulteri
objects, without regard to consequences, even if thu
promise to be of the most awful character.
:. For our part we want this matter settled prior
~ any more elections The press of the city has spok
IS out almost unanimously for an early settlement.
Y people, as mass are wearied with suspense and
for the interposition of the Supreme Court to viii
tribunal they turn their eyes for relief with unwav
a. ing confidence. Shall they have settlement!
,e shall see The determination of the question, as W
Ms as the responsibility, rests with the Board Of Co
missioners.
al
Ma UNDERSTANDINGS FOR THE MILLION. - Mess
led Reed Field at No. Is Grayier street, opposite Bank Pla
afford 6ne illustration of what be achieved by peres
adherence 10 the great foundation of trade-s
ing none but the goods and selling small prot
ing the quick penny rather than the shilling Their
contains stock of boots shoes and brogans for all classes
at people, which absolutely gigantic gigantic i,
affords nf the busne vhir thay