New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-01-04
NUMBER 261.
THE mUNTc1PAL ImnRoGLIo.

RECORDER EMERSON VS.. MAYOR MONROE.
J JUD GLE PRICES ID e CI5& o ~
THE ROW STANDS JUST WHERE IT BEGAN.
Neither Right or Wrong, Legally.
I7Ec Cr1ot scaIe Boen Theas'res he Common capnc7
o3t to InrGfere, and i the cosnc1 dots NOT, Tie Lg
la,se usot!
TIKI: 1s1ee:s,ssrrsT,,ss zsoE-e Draarr
Judge Price of the Fourth District Court having
heard the arguments Of counse! for Mayor Monroe
and for Recorder Emerson, upon the application of
the Recorder for a writ of quo 1gdrrd,ato against
the Mayor, last week took the case under advise
ment. The nature OF the issue is pretty well un-
derstood by the public at large. Judge Price,
having been delayed by indisposition, resumed his
seat in Court yesterday, and read the following
decision. We give the opinion and decision in fall,
because it is something which the whole commu-
nifty has been waiting for 1t is to be regretted
that the decision is not denitive as to the issue
but it is all that any judge could render, under the
different legislative enactments and city charters
which had to be consulted in arriving at the merits
of the case.
1t is clear enough, that when two magistrates,
defined by law to be of concurrent jurisdiction,
get at loggerheads and one treads the toes of the
other and they cannot arrange the thing amicably
between themselves, and the public interests and
fair name of the city suffer in consequence thereof
it is the duty of the Common Council and of the
State Legislature to take the matter in hand, and
pass some law or ordinance which shall utterly ex-
cude the possibility of any such trouble in future.
But the public are anxious for Judge Prices decis-
ion. Here itis:
| State of Louisiana, the relation Of Vim.
| Enlers1n, Recorder First District, VS.. John Z.
| Monroe MANOR John 1LcCle1land Chief, ETC.
| This is a rule taken by the Recorder of the First
District of the city, against the Mayor and Chief of
| Police to show why writ of quo lrdrrdnto
should not issue. The relator alleges that, as Re.
covder of the First District of this city, he is
powered, by law, to try all offenders against the
penal laws of the State, and the ordinances of the
city, and to discharge, commit to prison or bail,
for trial, all offenders that may be arrested by the
guard or police of said city. within the jurisdiction
of said First District, and brought to the station
house or prison, of said District. That the Mayor
and Chief of Police have, on various occasions,
nterfered with, and resisted relator in the due eE-
ercise of the jurisdiction vested in him by law and
that the Chief of Police, by order of the Mayor,
has caused notice to be posted up in the office
OF the Staton-h0use or lookup, whereby the CLERKS,
turnkeys, and all other persons in charge OF said
station-house or lookup are prohibited from obey
ing the lawful orders of reator, made in the excr-
else of his powers as Recorder also, requiring that
said officers should only discharge persons arrested
upon the order of the Mayor or Chief of Police.
That the said Mayor and Chief of Police have pro-
hibted and refused to permit the officers to exc
cute the judgments and DEGREES, lawfully made by
relator, Recorder: thereby nullifying said law
full orders, judgments and DEGREES. That neither
the Mayor nor Chief of Police have, by virtue OF
their office, or by any law of the State of Loui-
sana, any, right power or control. either to ex'
anime, bail, commit to prison, discharge from
!, custody, any person arrested by the city police
charged with the commission of any offence against
the laws of the State or the ordinances Of the city
and imprisoned in the First District lookup, ant
that the jurisdiction such persons is vested ex
clusively in relator, as Recorder. That the sait
: Mayor and Chief of Police, by interfering with ans
refusing to permit the officers to execute the law
2 ful order and DEGREES made by relator, and b.
their releasing prisoners arrested and confined il
said lookup, without proper examination, hav
y usurped the office and character of Recorder
greatly to the prejudice of REALTORS rights, and t
the injury and detrment of the public interest an
L the proper administration of the criminal laws Q
= the State.
:. The Mayor in his answer, denies that the relate
possesses the power or is invested with the author
ity as set forth in the I'd article of his petition,
expressly avows that the reator possesses no othe
: powers than those specially conferred upon him b.
virtue of the provisions of the 2Sth section of tn
act of 1856, amendatory of the consolidation act
! 1852 he moreover denies that he has ever inter
fered with the relator in exercising any authorit.
: vested in him by law but, on the contrary, ha
d assisted him in the proper exercise of the power
q conferred upon him as Recorder of the First Dis
y trict. He alleges that, Mayor Of the city. it j
his duty to see that the laws and ordinances With
the limits of the city are properly eSecuted-tha
# he is eX-Offcio Justice and COnservator OF tn
peace-that he has the exclusive power of appoint
| inc and disGharging at pleasure the police officers
q policemen and wachmen of said city. and that IL
| h1s tho nycluSivp 10 control and make
. l0tions for said police officers. policemen ant
J. watchmen, He further denies thnt be has usurpe
y or attempted to usrrn the office Of Recorder OF tn
First District but that all his acts and doing
have been done in the proper exercise OF the tunc
tions and authority vested in him, as Mayor Of tn
J. city of New Orleans, and only such as OF rlgh
Y appertAin to said office.
The Chief of Police in his answer, denies all th
j. allegations contained in REALTORS petition, an
II AYERS that he was appointed to said office by tn
Mayor, aud TINT be is nnder the command OF sal
=, Mayor, and that all his acts and dnngs were pei
| formed in obedience to the orders and command
- of said Mayor, He denies that he ever usnrped
attempted to usurp, any of the powers or duties
ID the Recorder Of the First District
10 In order to arrive at n correct solution OF tn
= questions involved in the present controversy
" becomes necessary to inquire into the respectv
o. powers, rights and duties and obligations of th
d Mayor of the city and the Recorder of the Firt
District. The 23d section of article 9th OF tn
u Constitution of 1872 declares that 'the citizens
~ the town of New Orleans shall have the right
III appointing IDe SHNerut publit OulHtfS HcGtSSdl
e. for the administration; and the police of the sal
city. pursuant to the mode of election which sha
= be prescribed by the Legislature, provided thu
'e the Mayor and Recorder be ineligible to a seat
of the General Assembly,
Article 1873 of the Constitution of 1845, whic
superseded the Constitution of 1872 declares tht
Ii" " the citizens of New Orleans shall have the rg
of appointing the several public officers necessal
I'd for the administration of the police of the sa
! city, pursuant to the mode of elections which shu
be prescribed by the Legislature provided th
at the Mayor and Recorders shall be ineligible to
seat in the General Assembly; and the Mayo
Recorders and Aldermen shall be cOmmssioRe
'e by the Governor Justices of the Peace. and Il
le Legislature may vest in them such criminal juri
ID diction as may be necessary for the punishment
~ minor crimes and offences, and as the police al
y good order of said city may require"
" The Convention of 1852, which framed the pre-
ent Constitution by article l24 of said Constit
80 tion adopted verbatim the language of artic
81 129 of the Constitution of 1915, and added on
ed to said articles the words " and Assistant Aide
H. men :" Immediately after Aldermen in article Il
Thus we see that the Constitutions of 1872, Is
and 1852, all give a constitutional recognition
el the office of Mayor and Recorder Of the city
IA New Orleans, and the Constitutions of '4i and
y, make it obligatory on the Governor to commissi
Ae them as Justices of the Peace, and authorizes t
ID Legislature TO vest in them such criminal iurisd
lie ton may be necessary for the punishment
i, minor crimes and offences and as the police n
- roDd order of said city NAV rpuIlirn. But in bel