New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-31
EotaI Sntelli9enre.


Jacob schellang, citizens of the Fourth District
having made formal charge before the police
board, that Michael J. Sheehau was disqualified |
for the position to which he has been lately ap-
pointed, of lieutenant commanding the police of
the Fourth District, by reason of the fact that,
during the war, he was absent from the city, sery
ing in the Confederate army, and cOud not, there
fore, the complainant argued, have been five
years continuously resident Of the city, which is
one Of the qualifications required by law in ap- |
pointees to the police, the case came up yester-
day afternoon. -....
a full board was present, his honor Mayor Mon
roe presiding. ......-.
Judge Walker conducted the case for the
defense, as counsel of Lieut. Sheehan; and upon
| its being taken up, he filed bill of exceptions,
which he supported with a brief argument, quot
ing the law defining all the powers of the board,
as follows
SEC. Z, Said board shall constitute a tribunal
before which all charges against policemen or
officers shall be brought, and have power to sus-
pend, for time, or dismiss from the police, any
member who shall have been found guilty OF any
misconduct neglect of duty, and those mem
bers thus dismissed shall not thereafter be rein
stated.
Judge Walker contended that, under this act
the board had no power to inquire into the qualif
ification was to be raised it could only be raised,
as in the case of any other officer of the corpora
ton, before one Of the regular judicial tribunals,
from whose judgment an appeal might be taken,
if that judgment was erroneous; that the law was
explicit, restricting the board to the trial of Of
fenses, and granting them no authority Whatever
to revise the action of the appointing power and
: declare those disqualified whom the mayor had
considered qualified. If the board should proceed
to the trial of this and declare Lieut. Sheehan
disqualified, what would be the result? He must
be dismissed And what was the consequence of
dismissal? The law declares: Those members
thus dismissed shall not thereafter be reinstated
1t was absurd to suppose that the legislature in
, tended that man for want of a certain qualifca-
tion should be forever after ineligible, though he
might acquire the qualification, and the illustration
! of the operation of the assumed authority of the
boardTwas the clearest proof that it had no such
authority. ......
i Subjoined is the bill of exceptions
4, To the Honorable Board of Police:
a The respondent now comes before this honor
y able board through his counsel, and excepts to
u the charge and proceedings against him. on the
ground that the charge made is not one which ia
IL cOgnizable by this board that no misconduct is
i charged against him. and that the jurisdiction of
u this board is limited to inquiries into acts of NAL
e And this exception being overruled respondent
m denies that he is not qualified for the post he fills
attrms that he is and has been for eighteen years
y citizen Of the United States and of the city o
lie New Orleans and State of Louisiana.
ID .. NJ J. SHEEHAN,
Lieutenant Fourth District
- Upon a vote being taken the exceptions wer
!. oyerrued, Messrs. Moore, Duyignaud, Lynch an
a, Melville Soule voting against them and Mr.. Cor
80 way voting to sustain them. The mayor is sti
~ denied the right to vote
Is This matter being disposed of, Mr.. Duvignau
~ moved to dismiss the case, on the ground that
=, was not expedient for the board to act upon it,
-, Judge Walker contended that the law did nj
- require five years Of continuous residence, imm
diately preceding the appointment, but if it di
L. still Lieutenant Sheehan qualified for it VIZ
as settled principle of law in this State that cit
M zen did not lose his residence by absence of wha
of ever length, if he did not acquire domicil
a residence elsewhere. Lieutenant Sheehan had bee
IN absent in a Louisiana regiment in the COnfederat
he service but had never acquired domicil els
of where, and never sought to acquire one. By lav
in he was, construetvely, the whole time in Louis
rs ana, and had never forfeited his residence or IL
in franchises appertaining to it. If his absence di
be qualified him for the police, it would also have di
os qualified him to vote at the State elections last fa
"a
year; yet he, and thousands like him, voted
that election, and no one thought of disfranchi
Nh ing them for want of residence.
Ice Mr.. Lynch would vote to dismiss the case, b
an cause he did not think it expedient to seek now
sh, o,en q Question which had been nractical
es ignored by all the authorities in allowing
OF Confederates to exercise the elective franchis
ne without challenge to residence. In voting
tea dismiss the case, he would do so entirely as nus
NO. ter of expediency, and would not have his vo
IN regarded as an expression of his opinion to
on law. Men of distinguished ability differed on
lsh' point The attorney general of the United Stat
Is held that those who absened themselves to fig
TO against the government had thereby lost tn
OF residence legally, but learned and able men to
ana the other side and contended that the absentee
10 such case did not lose his residence. He Mr..
DC did not feel called upon to express an opinion,
would leave the point open.
our The sense of the board was then taken on !
Duvignauds motion, and the case was una
the mously dismissed.
g. LoCQuET INsTITUTIoN.-We should have sta
Oad Yesterday morning that the distribution of pri
and diplomas to pupils Of the far-famed Locq
.no Institution will take place this (Thugsday) ey
or, ing, at Odd Fellows Hall; the exercises to CT
agr mence at O'Clock. We acknowledge with pie
roof ure having received courteous invitations to
cats present We shall not fail to be there.
YOUNG MEMS Picnic IN THE THIRD DIsTRIGl
We have been favored with q compliment
AUc- ticket to grand subscription picnic, to be gi
n to- at the Barracks next Sunday week, by the yo
amp men of the Third District. The names of the II
giant ayers warrant anticipation of delightfal en-
and tainment, and we shall endeayor to be par
the ,,or+ in ,ba festivitv.
DRowNED.-A sad event occurred during
1. 7. storm that day before yesterday passed over
via Pontchartrain. A schooner was ca9sized, W
resulted in the loss of three lives, Mrs. Fe
= Rrs Blandiar and her two children meeting until
riggs, death by drowning None of the bodies have
Earl yet recovered. We were unable to learn W
"a !, and nd Mrs. Blandiar resided.
.1ler, ..Ier sHor-A man named Eugene Rahm was st
Itkg the right arm night before last in house of
I'd 4' repute on Gasquet street, by Rosa Lee, o
inmates. A quarrel took place between I
,. nu' a, when Rahm caught the girl by the throat
u 'ne succeeded in disengaging herself, drew
NJ i's and fred the ball taking effect above descl
tne The wounded man was taken to the Charity
cian, itoI and Roc ,zos orrostoa and oaDt to r;.
ID and - ~, -. . =, =