The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-11-29

necessary for expenses. They are required TO
spportion the expenses In the district. The
language Is % follows: q" Such estimate shall DO
accompanied with written apportionment ~
said board, OF the proportion OF expenses ap-
plicable to each of the cities and parishes In the
metropolitan district, in ratio of the number Of
police officers and men authorized by this act.
and employed By such cities and parishes re-
Thus no appointment is to be made unless the
city employs q portion of the metropolitan
police. Had IT been intended TO make the opera
ton of the act compulsory, instead of the Ian
guage, employed by such cities and towns"
ETC.. which imply consent on their part, the
words would have been, assigned to such
cities" etc.. or other words conveying the idea
that said cities and towns. etc., had no consent to
give. The same idea is expressed ia the conclu-
sion Of section ~. The estimate referred to above
lie to be sent, for their examination. to the differ
ent municipal corporations Of the district; and
they deem the estimate too large, they must notify
the board Of their objectiens. ~, after consider
ing the objections, the board adhere to its orgi-
nal estimate, then the same becomes " bind
ing upon the respective cities and towns in
terested tbereIp." What is the use OF quail
tying certain cities and towns as being interest.
ed I" in these estimates, unless 1t was understood
that some portions might not be so interested"'
and If any portion of the district may not be T" TO-
terested" in the matter, what portion Is 1t This
question is answered by recurring to section 9,
which authorizes the distribution Of the force only
among those portions of the district which con-
tribute to the police fund, and authorize the APP
pointment of patrolmen.' Taking these two
sections together, therefore, it results that the
% iasa be y % by P95Sns
lice; and that those portions of the district only
interested, who authorize the appointment Of
parolmen. These two sections may be taken as
eminenty proper to indicate the meaning Of the
act, as they refer to two of the most important
features of the whole act. viz the distribution and
pay of the force authorized to be raised.
BY section 20, the municipal corporations of
the proposed metropolitan district are made the
parties who shall levy the tax necessary to the
pay Of the metropolitan police. Ii was doubtless
known TO the Legislature that the most serious
impeachment which could be thrown in the way Of
the proposed metropolitan system would be the
refusal Of the different municipal corporations to
levy the tax necessary to pay the police. II they
intended this system should apply TO TIL city Of
New Orleans, against its will and consent. is IL
reasonable to suppose they would have left such
dangerous weapon In the hands of that mu-
nicipal corporation, to fight of the operation
Of the bill? II the Common Council of the
city of New Orleans refuses to levy the tax
necessary to pay this metropolitan police.
what Is the remedy? Is that duty confded TO
any one else in that contingency? True 1t might,
If the compulsory system be the correct one, be
compelled by mandamus so to do, But the de-
lays OF the law are proverbial, and no one relies
uDon its relief when the question is one of bread
and meat, and that Of salary to policeman. The
legislation Of the assembly which passed this law,
whenever in other instan ces 1t attempted to de-
stroy the old landmarks aud customs under which
we have lived since the State became q State.
exhibits too much acuteness TO leave rs any room
to doubt their meaning of the present law. In
those other instances the simplicity and painDess
Of their statutes reach that grade which, IS styled
blunt, and leaves no room for Misunderstanding.
Section y Of the act specially delegates to the
Police Board the power heretofore possessed by
the mayor of cities to call for the militia TO quel
such riots and suppress such instructions from
their character and extent, are beyond the repres
sive capacities Of the civil arm fthe government.
The principle of Interpretation Is well settled that
law that includes one thing excludes others, and,
conse quently, law excluding the power Of the
mayor In the special case enumerated In section
~ ia an evidence of the meaning of the Legsla
ture that they did not propose to exclude the
power of the mayor Of the city In other cases.
The first section Of the act upon which so much
stress was laid by defendant only describes the
territorial limits Of the proposed metropolitan dis
trict. 1t can no more be considered as abso-
lutely establishing the authority Of that police
over ell the parishes therein mentioned than the
fifteenth section over all the State, by giving them
therein the common law powers of constables.
Construed as do IL, the metropolitan police act
becomes, IL not model of Legislative skill, ct
least fair and passsbly well written enactment
But viewed as compulsory measure. it Is the
moet bungling and easily evaded law which can
be imagined. Looked upon as whole. thele is
hot a rCObou winch 10 iucompnbuic Win tuc iuca
that the city Of New Orleans may not refuse to
avail herself OF the metropolitan police and pro.
coed to employ agents selected by herself to per-
form police duties. On the other hand, sections
3, o. 27, 30, the most important Of the law. and
which constitute what Is termed Indispensable In
all statutes of this kind, present insurmountable
objections to the theory that the metropolitan
police act was intended 70 operate absolutely. and
without their consent. upon every portion of the
metropolitan district. f...,-- -, Il
The writ Of quo ,cdyrdnto issued In this case
is, therefore, maintained; and it is ordered, ad-
judged and declared that Robert E. Diamond De
recognized as the legal chief of police Of the
city Of New Orleans and that q writ OF Injunction
issue rs prayed for in the petition in this case,
commanding George Cain not to interfere with
the said Robert e. Diamond in the discharge Of
his duties as chief of police OF the city of New
Orleans, upon said Diamond giving bond and
security, conditioned as the law requires, in the
sum of two thousand dollars and further, that
said George Cain pay all costs of this proceeding.