Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, 1871-10-12
stlP 0Osel'uS.
Et6ETH DISTRICT CorRT

L the ipIlONlho
Tho Governor suspended the Secretar,
,,,,,a aud assigned the defendant to tn.
80 oe tllst office ad interim, whereupor
= proceedings were commenced to tes
-,Id;ty Of that act. and under them
attendant is charged with being an i'll
,,,r into the office, and with unlawfully
. I its functions. He justiies I'M
., n. appointment, which he asserts was
...ouent upon malversation by the
scretarr.
On the part of the relator, it is claimed
the executive can lawfully exercise no
...r which is not expressly granted by
!, or,,uic and statutory laws, and such
.s.r mower, as may be necessary to carry
..vI-c,, grant into effect, and that the
cr.;tion. being without the sanction
,nr.,, law. is illegal and usurpation.
:. .,neslel that the Governor can
.n,or- constitutional officer, and
a.,bs can not resort to suspension where
,,I. for sccomplishing that object has
t..n proriied by law.
r,i office, Of Secretary, Treasurer and
,,,;.or are not portions of the Legislative
a,ipIical departments. Hence, the ar
...,s,t AGAINST the interference of one
,.,,eb Of the government with the duties
.,.pother has no application in this case.
Her. the question is not one of removal,
,,j thus creating a vacancy, but of sus-
..r,ioo so that the problem to be solved
rb..ber in the absence of any constitu-
..,,,l or statutory provision, an emergen-
.rm;,ht not arise in which the Governor
s5gll he justified in suspending an officer
rom his functions.
Undoubtedly emergencies may happen
:, which the public interests would be pro-
tst.l by prompt and speedy action before
,a Lagi,l,ture could be convened or q
criminal prosecution could be terminated
Indeed emergencies may happen in which
The aw hes made no provision whatever,
In such cases, what steps can legally be
tksns The Legislature, not being in
session perhaps, can do nothing; and the
judiciary could not take cognizance Of the !
matter But is the Governor powerless to |
ects Are his hands tied to the extent of
compelling him to remain passive and wit
hes, a repetition Of fraud and peculation
without the right to interfere? Around the
offices of Auditor and Treasurer, guards
have been placed and certain of their acts |
are declared TO be misdemeanors and high /
penal of.nses; but as to unlawful acts
on the part of the Secretary the law is 81
Int No official act of his, either of nom
t-.,auce. misieasance, or malfeasance, is
made criminal by statute, and yet, so far
d. executive power is concerned, he can,
Il s claimed, set the law at defiance some
Ghs duties are prescribed by the consti-
riIon, and others by Legislative enactment.
NP)se he should refuse to perform them;
EsgppoSe he should commit clear and
Atsputable malversation in Office. Sup
I's the Treasurer should appropriate to
Lsonuse the funds of the State. Ispow-
6hsed nowhere to apply prompt and
t19rat remedy? In the former suppose
I'M the law furnishes none, and in the
l''sr the slow process of accusation, in
.timent and trial, or of examination and
Ep5u by named officials, must be resort
ah. and in both, according to the ar
nnent, the executive is without authority
In the words of the constitution, not
SIMPLY the executive power but the "su-
rsmc executive power" is vested in the
lief magistrate that is to say, he may
Use authority which does not reside else
EAsre. He is sworn TO support the con-
sliution. Article sixty-fiye requires him
h hko care that the laws be faithfully
SECUTED. This injunction forms a Sc
aFate and distinct article, as if to make
tie requirement more emphatic. 1t is a
command IT imposes an imperative
dly it is an investment of power not ,
d-.-J,tel to either Of the other branches
euegoyernment and if it can be used I
only where express law defines and n
@'-ou1s its exercise, the article is n n
dad snr and means nothing. On what ,
"Fil4s and in what manner shall he
'AAs care that the laws be faithfully exc y
'@-l' Not by remaining an idle spect- u
G'f Of official inidelity, but by stepping
"''afd at once and protecting the in b
E'0' Of the State, especially where no II
remedy is expressly provided. Where q
'1-rly and mode of procedure are pro-
Wed they must be followed, but where r,
~! are not provided, the Governor still 0
commanded to see To the faithful en- Il
''''Aeht Of the law and having that =,
l''e' he also has the additional power s,
" '''ry the express grant into effect, and G
'-' implied authority may be used in \,
manner as to render it effectual. n
'-T'yl0fe' II he is to take care that the r
-''' De hlthfully executed, he has the Il
''''' 10 take such means as may be ne =,
.'''! 10 their execution and if, in the ST
A.. ''-''nce Oh this clear and imperative ID ID
~, " becomes necessary to suspend an a q
. -,'''lia officer from his functions, the r.,
'-' VI Do so Is evident The care which CT
,,'r - 81 lake must be construed to extend ::
,,t - vases IN which the public welfare is
= ''''o' and no express provisions ex-
-, remedy the evil
N ']~''e ~ ofthe constitution REQUIRES
~. '-'s'' to discharge their duties until bt
'OVeSs0rs ara nual;fa1 oxoor+ -, | n,