New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-10
CITY coUMcIL--oFFIcIAL.
BOARD OF AssIsrANr ALDEHMES.
Regular Meeting
CITY HALL, NEW ORLEANS, |
Tuesday. Anril I. 1868. (

PRESENT: MI W. L. depps fresluenti anu
Messrs. sterry Sampson, Scott, Perkins,
Davies, Flood, Thezan, Dunn, Straight, Sui
livan, Sauvinet, and Joubert.
The minutes of the last meeting we're
read and approved.
The following message from the Mayor,
and documents accompanying, were read
and referred on motion of Mr.. Dunn to
committee of three, to be appointed by the
chair, with instructions to report at the
next adjourned meeting:
MAYoRALTT OF NEW ORLEANS.
City Hail. April :, 1858. }
To the Honorable the Members of the Board of As
sistant Aldermeni
GESTIEMEN-Brevet Major General Blu
chanan, commanding the NTH military DIS
trict having requested the opinion oftLe city
council on two points; First, IS to the
regular day under the city charter for hold
ing the election of municipal officers for
the government of this city; and second,
whether there was anything in the constitu-
ton of the state inaugurated by the con-
vention 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-
quested Judge Buchanan to express his
opinions on the points raised; but his re-
Spouse not coming in until q late hour, and
fearing it would not reach me in season,
in the meantime applied to Judge Whit
aRcr for counsel in the case. These gen
tlemen, both distinguished in their profess
sion, came to different conclusions in re.
speCt to the points referred to them. l
herewith transmit their respective com
munications, in which you will see
that in the opinion of Judge Blu
chanan the l54th article of the new consti-
tuition requires that an election of city off.
GERS be held on the 18th and 18th instant,
and that the article controls the act of the
legislature (Leovy's Digest, p. 58) fixing the
second Monday in March as the day Of the
city election.
On the other hand it will be seen that
Judge Whitaker, after giving the subject
much consideration, gives it as his delib-
crate and carefully formed opinion that
article l54 of the proposed new state consti-
tuition gives no authority in law for an cleo
ton of officers of the city of New Orleans
at the time the vote is taken on the accep-
tancc 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
II, 1868, it is provided "that the constitu-
tlonal 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 representative of the United
States, and for all elective officers provided
for by the said constitution.
2. 1.-THE late convention in this state
adopted the proposed constitution as a
whole on the second day of March, and
adjourned their labors on the ninth, three
days before the act referred to became a
law
Judge Whitaker acutely says, in this view
of the facts:
"Its act, of course, conferred no power on
q body that had ceased to exist. But If it
could have conferred any power upon the
late convention, it does not attempt to con.
fer any authority for the election OF city of.
fcers in New Orleans on a different day
from that fixed by the municipal charter.
The act,' he says, provides for
the election of all elective officers
provided for by the proposed constitution.
But city officers are not provided for by
that constitution. The state, legislative,
judicial, and executive departments, with
their various officers, are provided for, but
the convention did not, in the constitution,
touch upon the city officers, their duties,
compensations, or terms OF Office, or disturb
the city charter in any respect. That would
fall properly within the supervision of the
state legislature alone.n Again
8. ARTICLE l54 does indeed include
the word municipal in its enumeration of
officials to be chosen on the 18th and 18th
OF April, but this was evidently, p says Judge
Whitaker, IAN oversight of the convention,
as such officers are not elsewhere alluded
to, and especially are not referred to in
article 1885, providing for the entrance of
officers elect upon the discharge of theil
duties and for the date of the term of their
ofices.n
Judge whitaker cites the article as fol,
lows:
Gan civil officers, thus elected, shall
enter upon the discharge of their
duties on the second Monday after
the return of their election shall
have been officially promulgated, or as soon
as qualified according to law, and shall
continue In office for the terms of their
respective offices herein prescribed, etc.
"An civil officers thus elected shall con-
tinue in office for the terms of their re-
spective Offices herein prescribed. The
only officers whose terms are thus pre-
seribed are the state officers, those con
shutting the executive. judicial, and legis-
lative department ofthe state government
can add nothing to the clearness and
force with which these matters are treated
hy Isa:s@ ! e .i.Sisee eau Only say his
views meet with my entire concurrence,
but the subject is left to the mature cea.
sideration OF your honorable board.
Very respectfully,
E. HEATH. Mayor.
a elag ia OFFICE orrx ArroRSEx.)
NJ. n, ,,..a, New Orleans, April I. 1855, )
DEAR sIR-I should say, in answer to the
queries submitted by the commanding gen.
eral 10 the City Council, and left by YOU al
my Office this morning;
!. That the regular day for holding cleo
lions for city officers under the amendment
to the city charter, (Leovy's Digest, page
58), Is the second Monday Of March.
2. That the new constitution, article l54.
requires an election to be held for city OH
cers at the same time and place as the cleo.
ton for the ratification of the constitution
itself, viz: the 18th and 18th April instant.
This, Of course, controls the act Of the legis-
lature above quoted, (the city eharter), In
case the constitution is ratified; and if il be
rejected at the election held the same day,
then the other election on that day, (for
state, judicial, parish, and municipal ON
cere), will be q nullity.
Very respectfully,
A. II. BUCHANAN,
City Attorney.
No. 81 Carr srREnF,l
New Orleans, April Z, 1868.
49, - n