New Orleans daily crescent., 1857-07-27
THE "ARMY BILL ENJo1NED ,
THE RIGHTS OF THE PEOPLE SAFE FOR THE
PRESENT

lHE Ot ME ohrE rots Ihb
PRESENT.
1.-THE following is the petition of Mayor Waterman,
on behalf of the corporation of New Orleans through
Messrs. Hunt and Michel, AttorneysatLaw, praying
for an injunction against the Central Board of Com
missioners, Superintendent of Elections, etc. The
prayer of the petitioners was granted yesterday and
writs Of injunction ordered to issue.]
Fifth District Court-the City of Ne,c Orleans and
Charles M Waterman, Mayor Us. E. w. Noise,
l.. 81. Martin, j. I'D. Rozier, j. B. Cotton, ct. ais
To the Honorable H. B. Eggleston,
Tie q g9sss ~ csy e. s s s 1n e , e
,smaa Wasnsa 4oaar * r - ss ,a e G ha"a and Of cars NJ
Your petitioners respectfully show the Constitution
State vests in the citizens of New the exclusive right
Of appointing the several public officers necessary
m'nistraon the police Of the city Of
elections to be prescribed by the Legislature provides
the that the Mayor Recorders and Assistant Alder
men, shall be commissioned Governor Justices the
feace and may DO vested with such Jurisdiction may
ceary for the punishment of minor crimes Offences as
the police and good order Of the city may require.
That the Supreme Court repeatedly
These political franchises stand the ground any
other constitutional and the city and
officers are for purposes of police good permanent
functionaries Of that the several
public officers for the administration of the police
the city in preserving the preventing crime protecting
the persons and property preserving order elections
ETC. must mold their appointments from the citizens
leans pursuant to the mode Of elections
aure and cannot be superseded and deprived authority
by an act Of the Legislature authorizing
point other persons officers and substituting them their
That the Mayor Of the city Of Orleans being commits
stoned Justice Of the Peace under the
tor of the peace He has commit
for all breaches OF the crimes and It
sespeciay his duty tranquility and good in
the city That by the acts OF the Legislature it expressly de-
cared to be his duty see that ordinances within
the limits of the city of New Orleans be properly
appoint police oficers policemen and watchmen
dinances Of the Common Council organizing to
discharge the pleasure and control alone
regulations for the police officers policemen watchmen
That the Of the Mayor Justice conservato of
the and the duty conhded him uperintend
erna police of the CITY, enforce order
laws and tranquility and among
citizens at all times important the welfare Of New Or
leans; and especially occasions Of elections when the
public mind is liable to be greatly excited and agaed and
when turbulent and dsposed ready avail them
selves of unhappy circumstances commit and other
violations Of law and public order.
That the Legislature of this State vested in the Common
Council of New Orleans best understanding the
and convenience of the citizens of New Orleans power
sgnate and establish proper election precincts If
increase the number Of precincts and vested in the Mayor
of the city in the Board of Aldermen and the Of
Assistant Aldermen appoint three Inspectors of Eec
ton each precinctin the ciy-he appoint
Board of Aldermen and the Board Of Assistant Aldermen
That the Legislature conferred the Commissioners
thus appointed to order and decorum the
election, and to commit prison dsorderly
Your petitioners further show that two vacancies have
red in the Board of Assistant Aldermen in the office
Assistant Aldermen for the Third Ward by the resignation of N
E. Bailey and for the Eighth Ward by the resignation of
r De La,are That the Board of Assistant Aldermen about
elections fill the The remainder
the terms.
Your petitioners further Legislature State
its session. passed relative elections in the parish
OF Orleans approved March 10, 1857 that the act creates
Board Commissioners to be styled The Central Board of
Commissioners to be composed of the Mayor of the City of
New Orleans the Register of Voters of the City, the Attorney
General of the State and two citizens of New Orleans be
appointed by the Governor and receive yearly salary of
ave hundred dollars each"
That the makes it the exclusive suty of said Central
Board of Commissioners appoint AL the Commissioners of
Election the parish of Orleans preside and
election held in said parish for all State paroca munich
pal officers Judges members of Congress, officer Of
the u s. Government other officer whose election de-
wolves the people and makes also the duty of the Board
o designate the place of holding the polls etc. and make
be made the each poll
for convenient approach the balotbox and easy
therefrom,' ETC.
That the act further provides the Governor SHALL by
and with the advice and Senate appoint discreet
citizen who has resided in the State least four years. whose
duty shall be supernend all elections in the City of New
Orleans and who shall be styled the Superintendent of Eec
ions and who shall receive annual salary thousand
doars,' and that shall be the duty of said upern
enent of Elections take charge of pernend under
the control of the Central Board of and to the
exclusion of all other persons all elections held in the parish OF
Orleans and city of New Orleans for the Offices of the General
oo's n.e"'' vi oo"S'e'', o"uses, ne'ho Vi ''e
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h: ' T.; .I sr;a a- .h co,r,ond and 1irec,;on Of th
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-
lha the sau superintendent Is iut'her enpoHereu 10 up
point any huoe vi uepues if'h aa'nS 'e
cehs OIL he parish o orleas' 10 project me apocnes u
the polls ana Keep oaer there ana any ceh between the
ages Oh "ehy-one anu MY years. refusing 10 perform such
dhy whenever thefeto summoned sh pe SUBJECT 10 nhe Oh
not less than one hundred nor more hah he hundeu
and IN 0el"" OF payment 'ereo sha s'a"u 10 'e
parish jail for term not exceeding sixty days ana Is
further proVidea that any persohh ue parish u orieS
shai IN oeach ol 'Le peAee' ""s Vi ''e.
ot elections III inc u'scnse Vi us s' vi al" 'oet III 'ne
exercise oil MS rht ot suntuse' ., '' prevent any oe o
exercising MS fsht OIL susHs "e'ei peote Ut uts eiec
io' "ile' s'en po'sA w " ~ ~ ~ ~
superintendent or any Oh MS uepu'es OF uePu