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

by the conventions assembled like our own
recent convention under the said act
Inc simple question then is, are our city
oIncefs provided for7 by the proposed con-
It is manifest that provided forD means
created or continued. The proposed con-
stitut1on neither creates nor continues, nor
Goes u ever designate any officer or office of
the city Of New Orleans. 1t can not then
provide for these officers in the sense in
which those words are used in the recon-
struction act True it is that the recent
convention by an ordinance did declare
that municipal officers might be elected at
the same time that the constitution was
voted upon, but the difficulty is that the
constitution has in no wise provided for the
municipal officers and it is only in refer
ence to officers provided for by the consti-
tuition itself that these elections can be held.
It is needless to remark that the conssi-
luton Is the fundamental law of the state,
anu Is one thing, and an ordinance passed
py the convention is, like an act of the legis-
iature, quite another thing, and congress
IN the reconstruction act has seen fit to
authorize the election only of those officers
provided for in the constitution. and not in
conventions. y
The proposed constitution is entirely
silent on tine subject of municipal officers.
and therefore can not have provided for
them. The ordinance authorising their
election is without any warrant in the acts
of congress, and Is entirely void.
The confusion that would result from any
other view is apparent at a glance; for if CITY
officers were to be elected at the coming
election, their term of Office would be alto
gether underlined, as well as would the ofl-
GERS themselves be without proper limita-
ton as respects their duties.
| We are therefore of the opinion that no
election for the officers of the city of New
Orleans can be held at the election which is
TO take place on the 18th and 18th instant.
j. P. SULLIVAN.
| F. W. PERKINS,
Cpumitlee.
New ORLEANS Ap as, 1888.
| The undersigned, a .. euiber Il Tic special
committee to whom was ref Ired tife COM
munication of the Mayor nd documents
| accompanying, disseutins rom the majority
report of the committee, sfers the following
minority report;
To his mind the election for municipal
officers provided for and ordered to be held
under the constitution to be submitted to
the people is just as imperative, and the
result of the election when so held will be
just as valid and binding as the election of
any state officers whose election is therein
| ordered.
l. Because article l5l of the constitution
orders such an election to be held.
2. Because all laws in force at the time Of
the adoption of the constitution and not in
consistent Herewith are continued in force
| as II the constitution had not been passed.
In case of a conflict between such laws aud
the constitution the laws must give way to
the latter.
8. As the city charter and the laws amend
ing the same provide for the election Of city
| officers and are not in conflict with the con-
stitution, such laws remain in force, and
the officers to be elected are as truly officers
under the constitution as if they had been
for the first time created by it. Not to hold
the election for municipal officers such as
Mayor, Recorders, the members of the two
Boards of the Common Council, etc.s
would in the opinion Of the undersigned
be direct violation Of one Of the plainest
requirements Of the constitution.
Respectfully,
B. F. J0UBERT.
On motion the Board adjourned.
ALFRED BOURGES,
7 Secretary.