New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-10

| and has no law in it; let it be discharged.
/ My admiration for the wisdom and excellence Of
Tue par leads me to wonder why members OF 1t
would bring rule so utterly groundless and mis-
ChleVous as the present one seems to be. 1t IS
well calculated to excite the negroes of the coun
| try to the false belief that they are denied the
| benefit of the laws .
! 1t is also calculated to furnish pretext to set
| upon the heels Of your fellow citizens the most OF
man catchers enumerated in the sixth section OF
the civil rights billD congratulate the citizens
! of Louisiana upon the fact that nothing more than
q mere preteXt can be affOrded,a the laws OF the
state afford the free negro every right IN a court
/ OF Justice that Is awarded to white man
1 'Ihe whole matter appears to be one Of tnose
fanatcal spasns which seizes the minds OF certain
| individuals because the negro cannot be elevated
1 above the white race. ! am at a loss to know
what sympathy is due, particularly to these prison
ers, who are charged with eleven burgaries.
The REcoRDEnsuIP or THE SECOND DI8TmcT,--
In the case fstaes vs.. Gastnel, Judge Duplantier
has rendered the annexed decision. The relator
sued out writ Of q1o 2car,dHto alleging that de-
fendant was not legally qualified for the office of
recorder by reason of his being under 80 years of
age, and claiming that as he, the 1elator, was le-
\ gay qualified and received at the election in
\ March the next highest number Of votes after the
vote cast for the defendant, he was entitled to the
office. Judge Duplantier, it will be observed sus-
ltans the writ on the point of qualification, but
be right of Mr.. staes to the office, as having been
Improperly introduced in quo 1oarTaato proceed
i'm As the case now stands, therefore, Mr.. Gas
: tiil is ordered to Vacate the office, but no one
statda authorized to take his place. The judg-
men of the court implies that Mr.. staes must pro-
ceedin another form to establish his right to the
q Office Meantime, it is understood, Mr.. Gastine
. will appeal the case to the Supreme Court:
al If uiciap 5T+bD n ag4;p I'm
q StaGa elator
;. Thigaction has commenced by a writ of quo
1edrdEo. It's object is two fold it is first to test
the righ of the defendant TO hold and exercise the
function of recorder of the Second District of this
CITY, tolwhich he contends he has been duly
IF elected V the last municipal elections and
as secondyto determine, in case the defendant was
ineligible to the office and holds it unlawfullY,
ID whether te relator, who was his competitor at
la these murcipal elections should not be decreed
a. the eleetedcanddate and entitled to the office.
ID the hrstiranch of the case offers no difficulty.
az 1t being cotlusvely shown that the defendant is
j only twentlseyen years Of age, and the seventh
y section of tn amended city charter requiring, for
iii the quaiucaons OF the mayor, recorders, alder
On men and asstant aldermen, that they should have
We attained the se of thirty years. it necessarily fol-
an lows that thelefendant was not eligible to the
or office and thahe holds it continues in it unlaw
ed fully, unless ie true contended in the argu-
nd ment that theeventh section Of the city charter
NJ has been repesed by the adoption of the one hun.
In dred and thlrtyhird article OF the Constitution OF
lu 1854 But this not the case for that article o
~ the Constuutonn no manner conflicts with any
er OF the provisionf the city charter, and artiele
&c ore hundred andprty nine of the same Constitu
on en expressly prgides that all laws in force at the
t time OF the adopbn of the instrument, and no
~ " inconsistent therEith shall continue as if the
't9 nf same had not beeAdopted
M Neither do hndny inconsistency between the
"a ~, seventh and tWent-eghth sections of the city
1V. charter. The first tes the qualifications Of thu
W. several city oficialsherein named including tht
vyIip 1g O 600
in ton. only defines thtdutes, the rights and th
40 prerogatiyes of the borders, without mention o
ipS it their qualifications.
:nre :ne 1t was also insisted at the defendant was Mt
~ usurper of the recordship, because he holds tn
9SSe office by virtue of an eetion, at which he wa
S a the successful candidat and because he is com
~ missioned by the Goyeior. But, conceding this
en it does not follow, becae the defendant Ganno
M be considered as havinsusurped the office, tha
, nU the remedy by writ of q aDGyrato will not b.
arSs against him, and that heust be allowed to con
are tinue in the exercise of functions of recorde
- unlawfully. The writ of 10 loa,rdato is not con
en fined to cases of usurpatiG alone. Under article
lon 867 and S7l OF the Codeof Practice it may b.
~ on issued also against persd who claims withou
~ real right office in q cooration or who con
WI, tinues in the office unlawlly. Neither is tn
anu @th9 Governors commission nor e expression of tn
Gao @eaa will of the majority of the ectors who voted
ON the last election conclusive 1.-THE case, for the
Oh cannot override the law.
re- Hence there must be ilgment in the cas-
,ers against the defendant. Hmust be forbidden
lsu to perform any longer the fetions of recorde
re- and condemned to pay the SITS but there tn
leo matter must rest for the time ing for it is diff
ana cult to perceive how the seed branch of tn
1i Is relators action towit: that thich raises tn
issue of his election to the office, dispute can
TGsS E cumuated with the first. The y has declare
Inc what Judgment is to be rendere in cases con
> > IN IN menced by writ of quO aCGrlato. It sayt
e, ,lor, (artcles $40 and S7l, code otractice): til
oro court, after hearing the parues it thinks this
I eIal the defendant has usurped the Gee which h
'ele- holds or that he continues in it uAWfuy sha
Eers forbid him to perform the duties ofhe office an
Aon' longer; shall condemn him to paye costs an
shall direct the corporation to proed to ne
ates appointment. And the supreme coul in the cas-
the OF Reynolds ct ais. VS. Baldwin l, 1872, whe
Vi called upon to interpret these artlc', has d.
!. =. cided that the words " and shall dire the co
le ~ III poration to proceed to new aPpntment
anu found in them, mean, only, that such ,order {
own own they contemplate shall be made, andnew al
SUI SUI p0intment is necessary.
yac- Now, if the decree called for by law
% s%nGH interpreted by the Supreme Court is Ghtnly OF
the which can be rendered in this case, It ID nece
. :, sarily follow that other matter ortsitof Gl
g II right or authority under which the detend holt
"ll the office in dispute can be inquired Elto Ia tt
~ Vi second branch of the reatOr's action lslpr
"ous perry cumulatsd with the first 1t must di
w missed; but its dismissal cannot ne prejuQRl
'poi the r5iator, for, considering that he may bn
anu tied to the office which he claims, and maSu
he he cessfaly assert his right to the same by mex
some subsequent proceedings, the Judgment II
Iue case cannot order the corporation to make a\
" appointment to tle once Oh recorder, NIuGn,
, i. hans would prove unnec cessary.
, /, uls For these reasons, it is adjudged and dec
tatet that there be judgment herein, forbidd!ng
jouls defendant Arthur Gastnel, to perform any 10
ioMh the duties of Recorder Of the Second Dtstri'
Ilua- , the city of New Orleans, he paying the cos
avs these proceedings And it is further ordered
GG nv all that part of the relators action which Y
r'Ae to his election to said Office of recorder, and
man right to occupy the same, be dismissed as OF
VI of suit.
the TEE NEW 3TERCHAkgs' EXCHANGE AssooIN
the A Merchants Exchange Association has l
" W. vi been organized under auspices leaving
ilited of success. The directors are from among
oner Oldest, most respected and public spirited o
taiW' mercantile body Charles Briggs, Esq, has
or4T chosen president, and Messrs j. B. Murison
H. Kennedy, respectively, first and second
rams presidents.
g G'HII Hi5 very happy selection has been made o
biect officer upon whom must largely depend the
iEed, cess of the enterprise. Mr.. j. c. Dinnies
,ates known as one of the first commercial writt
or oJ IN. the country and who in that capacity, has
1t Of identified with the press of New Orleans d
cted, the last quarter of century, has been Z
terri moUsly chosen superintendent, and enters
~ mr.. office with all his wouted zeal. The respol
ner- position could not have fallen into intel