The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-05-11
Has the Oficc of Public Administrator
Been Abolished!

act was passed by the Legislature OF
1870 creating the office of Public Ad-
ministrator, who administers upon all
vacant SUGGESTIONS, or where there is
no will or beneficiary heirs present.
The existence of the law creating this
office has not been questioned until re-
Gently, when Judge Daigre, Of the
Parish Court of Rapilcs, rendered Il
dscision in the case of the success
sion of w. .. Winn-Mary T.. Rich
ards, eXecutriN, from which we make
the following extracts:
The only question to be considered
is whether the plaintiff is the Public
Administrator or not.
There can be no question that the
plaintiff was properly appointed Pub
lie Administrator under the law, if
any law exists creating the office.
The law relied on by the plaintiff,
and under which he claims to have
been appointed, is act No. n, approved
| March ), 1870.
BY an act of the Legislature the Civil
Code, the Code of Practice and the sta
| tutes ola general nature where all rcvis-
ed under the supervision ola reviser and
Il COMMITTEES OF both Houses. This re-
vision was adopted as the law of the
land and approved March II, 1870, and
| tho lost section of the Revised Statutes
viz: 5000, rcpeals every law contrary to
or in conflict with the provisions of the
said act of adoption.
Tho act creating the office of Public
| Administrator is not found either in
the Civil Code, the Code of Practice or
the Revised Statutes ofls7O. 1t must,
| therefore, have been the intention Of
the Legislature to repeal the act Great
! ing the Office by the subsequent act of
March II, 1870. n subsequent act re-
rcpealS an earlier act when the two are
necessarily repugnant and cannot stand
together. See 10 Ann, 1913; IL Ann,
500.
| The provisions OF the Civil Code,
| the Code OF Practice and the Revised
Statutes in reference to the appoint
ment of administrators of estates and
curato of vacant SUGGESTIONS are in di-
| rect antagOnism to the act Of March 5,
1870, designating :: certain person to
act as administrator in certain cases.
The latter, THEREFORE repeals the former.
But it iS contended that an act passed
February %, 1870, No so, was intended
to give preference to the act of 1870 over
the Civil Code, the Code of Practice
and the Revised Statutes. Whatever
may have been the intention at the
time the said act was passed, such in
tcntion was evidently changed by the
act of March II, subsequently passed.
This subsequent act repealed ncccs-
sarily the clearly r"pugnant act OF
February Is. If it was the intention of
the Legislature on FEBRUARY SO to give
effect to the acts of 1870 over the new
revision, it is Just az clear that their
intention at u latter day, viz: March
II, was not to give such precedence.
! | am, therefore, of opinion that the
act creating the Public Administrator
has been repealed by the revised laws
Of 1870. Th" pIantih, therefore, having
no capacity to stand i'm judgment, the
exception is sustained.
For pI;tintin, Hunter Il t:lZubnt; for
th" succession, NJ. Ryan.
! The following M med gentlemen com
pose the National Democratic EXccu-
| tive COMMITTEES:
/ Chairman, August I,clninnt, New
York John Forsyth, Alabama a; John
| II. IlarrclI, Arkansas; John BigIcr,
California w. NJ. Converse, connccti-
cut; James Ponder, Delaware; G. r.
! Dyke, Florida; a. IT. toluuitt, Gror-
.;ia; w. i. Storey, Illinois; VIM. T..
| Niblucll, Indiana Daniel Finch, Iowa;
Isaac T.. Eaton, Kansas II. &. Mctrrc-
ry, Kentucky y lanes McCloskcy, Lou
} y
Bowie, Maryland; +. Q. Prince, Mas
sachr5ctts; VIM. a. Moore, Michigan;
/ &. w. Nash, Minnesota; &. T.. Hooker,
Mississippi G. a. Mantz, Missouri;
G. l.. Miller, Nebraska J. w. McCor-
EI", Nevada; n. Brigham, John Nc
Grrgnr, New Hampshire; Thos. Bragg,
North Carolina j. q. Thompson Ohio;
=. &. Hawthorne, oregon Is;uls IIcis-
ter, P"nn9ylVanin G. Bradford, Rhode
Island C. II. Simonton, South taroli-
ma; J. w. L"itwich, Tennessee; John
Hancock, T"Nns; II. B. Smith, Yer
mont; John Goodc, NirGinia; John
Hall, West Virginia; T.. w. Horn,
Wisconsin.
y writer in the "Amcricau journal
Of Microscopy" has been exploring the
forests of brstlcs IN n hair brush sur
rcptitiously purloncd from n lady's
toilet stand, and though it contained
nothing which we are accustomed to
regard with unqualified horror, the re-
suits Of hiH investigation prove that
there are mysteries ordinarily un-
dreamed Of in simple appliances Of the
toilet There are concealed in the