Daily gazette and comet. (Baton Rouge, La.) 1856-186?, 1860-06-08
sixth Judicial District COurt--Par-
ish OF East Baton Rouge.
WIN. II. McMArs,

cumstances, that the litigation involved
in this suit, IL by the mutual consent Of
the parties before me, to end with the
Judgment now to be pronounced. " ap-
peers that the Institution for the Deaf,
Dumb and Blind" was founded by the
Legislature of Louisiana, on the 18th,
March 1852, as n State Irstituti0n, TO be sus
taiaed and supported by the State and |
that In order TO carry out the benevolent |
purposes of its creation, the Legislature |
delegated its administration TO Board Of
Managers consisting Of seven persons, to |
be appointed by the Governor and Senate |
for term oftwo years, who were styled
Z" The Board of Administrators for the
Louisiana Institution Of the Deaf, Dumb |
and Blind" This Board was authorized
to elect one OF its members President
was required to meet Mt least once q month
and as much oftener as the President may
deem necessary f; and were invested with
the power TO FIJI vacancies and make
| their own By-Laws and regulations
| The same act declared, that the President
and any three Of the members shsll form
q quorum and in the absence of the Presi-
| dent any rouR Of the members shall form
quorum, and may choose one from among
| themselves to act ne President prcfempofe.
| II further provides by the 4th Section.
| that said Board shall have full power TO
| make, all contracts necessary for the rent
construction and repairs of buildings be
longing TO or in the use OF the Asylum,
and for the purchase of land upon which
| TO construct the same mud dPp0tnf and re-
more in such manner as. may be fixed by
their own Bylaws, the necessary Super
intendants, Matrons, Physicians, Teachers
and such officers as such Board may deem
proper for ne oood management N said Asg-
| lVn. and to determine the compensation
| for the services thereof: and moreover the
Board was authorised TO sue aud sued
| The 5th Section further provides, that said
| Board shall have power TO elect Physi-
clan, " General Superindant" and Ma
iron TO be employed in said Institution
with such salaries as may be determined
by the Board. Such IA substantially so
much of the Act of 1859 as is applicable to
this case under its provisions, rs the Char
ter of the public Corporation which It ere
ted" By Lars and Regulations we're adop
ted on the 9Th February 1858. In one, the
term Of the office of General Superinten
dant was fixed at four years, and the
" Election BY the Boar1 Of Administrators
and the acceptance of the appointment 10y
any officer 4 1t is declared in another "sball
be regarded as a contract between the par
ties, and any officer retiring from the dis
charge Of his duties in the Institution
without the consent Of the Board of Ad-
mini.trators, shall be regarded "a having
forfeited the amount Of his salary for three
months. Proriied, however, that the
Board reserrs tks right 10 dismiss ifnmediote-
, IN, any officer for cause deemed satisfacto-
~ 20 fee If their number. Such was the Act
and such were the Bylaws under which
the Board OF Administrators appointed
the Respondent TO the office of "General
SUPERINTENDENT" on the 4th November
1859. On the nth July 1853 he WIS re cleo
ted for one year and without further ap j.
pointment, he held the office until the 30th
September 1856 when on that day, the
Board entertaining a doubt as TO the pc
Rod when his term had expired, declared
II terminated on that day and then pro-
ceeded TO his re election; aud it seems that
under this appointment he discharged the
duties of the office until the It'll July 1859
J when "a stated in the minutes Of the
Board, "this being the regular meeting
for the Election of General Superinten-
dant, etc. J. =, Brown was unanimously
reelected to that offiee.n Ii il under this
last appointment that the Respondent in
Rists that he was appointed for the term OF
four years, end has a testei rtoht to the
same under the contract stipulated in his
appointment and acceptance from the date
! OF his appointment in July 1859 in con
formity with the provisions Of the By
Laws above referred to. On the 10th
March 1855 tn, Legislature passed the Act
, a. To establish m ASYLUM for the Deaf
Dumb and Bill a." which If substantially
the same as tho Act Of 1859. srcept, that II
does not specially provide for the Election
of the General Superintendent and Score
tary a. Is required by the 9th Section o.
the Act of 1852, which Section is repealed
aud declares in the 4th Section "that th'
Board shall have power to make contract,
necessary for the rent, construction anC
repairs Of buildings belonging to, or in the
use of the Asylum. and for the purchase o
land upon which to construct the same; &
1" appoint and reBore tie necessary SuPerin
teaddat, Ndfr0ns, Pkysicfdns, Teachers ana
k such other opfcers as The Board may deen
: prope, for ne good management oftke asylum,
!, and repeats in the 9TH Section, all law
!, contrary to the provisions Of this Act al
], lars on TIE same subject matter, except whs
3 is contained in the Civil Code and tn,
= Code of Practice.
: 1t is obvious therefore, that while th'
' act of 1859 made the appon tment and re
novel Of the several officers Of the lnsti
. tuition dependent on "the manner as maj
a be defined by their By LARS" ire act cf1S55
invested the Board with the discretion
a airy power to appoint and remove "ds thej
may deem proper for TIE good management q
the AsyluE',n and unless the provisions o
this last act are again restricted by tn
[, act of 1883, which aimed to revive the All
y Section of the act of 1859, the act of 1855
!, is the law by which the rights Of the par
= ties must be determined. If the act o
\ 1859 was repealed. as it certainly was, b!
act of 1855, can the Legislature amend
4 section of the repealed act, in view of tn
= limitations and restrictions Of the ll6tl
!, article of the constitution To amend tn
Of the act, and as the act of 1852 did no
= exist in 1855, IL could only be amende,
after being revived, and when so revive,
y | and nrnnndnd nan acfad and mn hlis hnl