New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-12

and documents accompanying, were read
and referred on motion of Mr.. Dunn to a
committee of three, to be appointed by the
chair, with instructions to report at the
next adjourned meeting:
MAYoRALTY OF NEW ORLEANS,
Oity Hail. April 7, 1858 }
To the Honorable the Members of the Board OF AS
GENTLEMEN-Br Major General Bu-
chanan, commanding the fifth military dis
trict having requested the opinion OF the city
council on two points; First, as 10 the
regular day under the city charter for mold
ing the election Of municipal oIlcers I3r
the government of this city; and second,
whether there was anything in the constltu-
ton of the state inaugurated by the con-
yention which recently held its session IN
this city which was inconsistent with the
charter in respect TO the day OF such cleo
ton, thinking it advisable, before submit
ting these queries to you for CON
sideration and Judgment, that the
Judgment of the city attorney should
be had on the subject, | verbally re-
ouested Judge Buchanan to express his
opinions on the points raised; but bis re,
Spouse not coming in until late hour, ana
fearing it would not reach me in season, l
in the meantime applied to Judge Whit
aker for counsel in the case. These gen
tlemen, both distinguished in their probes
sion, came to different conclusions in re-
spect to the points referred to them.
herewith transmit their respective COM
munications, in which you VIII see
that in the opinion of Judge Bu-
chanan the l54th article of the new oonstl-
tuition requires that an election OF CITY OIL
GERS be held on the 18th and 18th instant,
| and that the article controls the act OF the
| legislature (Leovy's Digest, p. 5S) fixing the
second Monday in March as the day OF the
city election.
| Judge Whitaker, after giving the subject
much consideration, gives it as his delib-
| crate and carefully formed opinion that
article 1874 of the proposed new state consti-
| tuition gives no authority in law for an elec-
| ton of officers OF the city OF New orleans
| at the time the vote is taken on the accep-
| tance or rejection of that constitution.
In support of his opinion Judge Whitaker
assigns the following weighty reasons:
| l. That under the act of Congress of March
| IL, 1868, it is provided "tkat the constitu-
tional convention of any of the states men
| toned in the acts TO which this is amenda-
| tory may provide that at the time OF voting
| upon the ratification of the constitution the
registered voters may vote also for members
| of the house Of Representatives OF the United
States. and for all elective officers provided
for by the said constitution.
2. 1.-THE late convention in this state
| a0ODteU Llb UIODOStu COholl1hNAOh GO
whole on the second day of March, and
adjourned their labors on the ninth, three
days before the act referred to became a
lawn
Judge Whitaker acutely says, in this view
of the facts;
ats act, of course, conferred no power on
body that had ceased to exist. But If II
could have conferred any power upon the
late convention, it does not attempt to con.
fer any authority for the election OF city OF
ficers in New Orleans on different day
from that fixed by the municipal charter
The act" he says, provides tol
the election of all elective otilcer'
provided for by the proposed constitution
But city officers are not provided for ON
that constitution. The state, legislative
. judicial, and executive departments, witt
their various officers are provided for, bu
the convention did not, in the constitution
touch upon the city officers, their duties
compensations, or terms Of once, no on ulssuI
the city charter in any respect. That woul'
fall properly within the supervision OF thu
state legislature alone.p Again
8. ARTICLE l54 does indeed includ
the word municipal in its enumeration
officials to be chosen on the llth and lst
. of April, but this was evidently" says Judg
/, Whitaker, ian oversight of the convention
as such officers are not elsewhere allude
to, and especially are not referred TO L
article 1853, providing for the entrance
officers elect upon the discharge Of theii
duties and for the date of the term OF thei
offices.n
Judge Whitaker cites the article as 70
v lows:
7 IAN civil officers, thus elected, sha
J enter upon the discharge of thei
= duties on the second Monday afte
> the return of their election sha
;, have been officially promulgated, or as 500
= as qualified according to law, and sha
J. = continue in Office for the terms of the
3 respective offices herein prescribed, etc.
u IAN civil officers thus elected shall col
tinue in office for the terms OF their r.
e spectiye offices herein prescribed. III
only officers whose terms are thus pr
ia scribed are the state officers, those col
!. shutting the executive, judicial, and legi
n lative department ofthe state government
"a can add nothing to the clearness an
J. force with which these matters are treate
4 by Judge Whitaker. l can only say h
!, | views meet with my entire Concurrenc
AZ but the subject is left to the mature col
sideration of your honorable board.
Q. Very respectfully,
5. E. HEATH, Mayor.