The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1872-05-01
he Public Administrator.
40 LAW FoR TIE EXISTENCE OF THE
OFFICE.

Parish of Rapides, published in the
Picayune some days ago, that the office
of Public Administrator does not exist,
has caused some excitement and brings
M a subject of not little interest
That the decision is correct will hardly
be questioned by an impartial legal
mind. 1t is to be hoped that on an APP
peal the Supreme Court will affirm the
Judgment below. AS Judge Daigre
does not elaborate his opinion, it may
be well to set forth more fully the rea-
sons which have led him and others to
the conviction that the act creating the
office of Public Administrator does not
exist, and there is no law for the exer-
else of the functions of such an officer,
These reasons are thus stated, after
diligent research and collation., by le-
gal gentleman of this city who is ia
miliar with the general history of Lou
isiana legislation:
On the 26th of April, 1869, the Leg
islature by act declare it matter of
Importance to revise the statutes of a
general nature, arrange them in order,
and simplify their language; and for
that purpose authorize the appointment
of committee. The committee Is an
pointed.
In December, 1869, the committee
made report, announcing that their
labors were nearly completed, but re-
commended that an act be passed in
order to enforce the Revised Statutes
and Codes. This suggestion was cor
rect and proper, because the article
lis, constitution 1868, says: 'No law
shall be revised or amended by refer
ence to its title, but in such case the
revised or amended section shall be re-
enacted and published at length. The
article 116 says: ''The General Assem-
bly, shall never adopt any system OF
code of laws by general reference to
such system or code of laws, but in all
cases shall specify the several provis-
ions of the law it may enact"
absolutely necessary in order to adopt
as laws the Revised Statutes and
Codes.
On the 18th of February, 1870, the
Legislature passed act No. so, giving
preference to the laws of 1870, over
the Revised Statutes and Codes. 1t
will be easily seen that this act was
nonsensical, forat the time of its pas
sage the Revised Statutes and Codes
had not been adopted, and were not
laws and probably might not be, for
it was only on the 18th of March, 1870,
they were enacted. Consequently it
could not and can have no effect what
ever.
On the 5th of March, 1870, act No. 81
was passed, creating the office of Pub
lie Administrator, giving him the sole
charge and exclusive administration of
intestate SUGGESTIONS, or of absent heirs,
and when the executor by will, dies,
resigns or is otherwise incapacitated,
he 1.-THE Pnblic Administrator is i'm
mediately to take possession of the
estate.
But on the 14th of March, 1870,
twenty-five days after the adoption of
act No. so, and five or six days after
that of act No. 81, the Legislature pass
ed and adopted acts No. SO, 81 and 90,
with repeating clause.
The act 90 is an act which enacts the
several laws of general nature of this
State, therein set forth, under their
separate heads, and is entitled can
act relative to absentees," etc. At
page (Revised Statute) the following
occurs: Gan act relative to admins
traitors; further regulating and defn
Ing their duties, powers and privileges
OF administrators, executors, curators,
or syndics," etc. Also seepage to 10.
Sat page 3. An act relative to ex-
ecutors."
"At page 4. An art relative to the
Governor and Lieutenant Governor,
their rights, powers, duties and liabili-
ties" etc. See page 3O4 to $50.
cat page 5. An act relative to sue
cessions and the administration there
Of. Also page 713 to 725.
Then the section 1890 of that act
mo. 96,) which says, "That all laws
or parts of laws contrary to, or in con-
Hict vi h the provisions of this act,
and all laws or parts of laws on the
same subject matter, except what may
be contained in the Revised Civil Code
and Code of Practice, be and the same
are hereby repealed"
In this act (No. 96) is no where to be
found the Office of Public Administra-
tor, nor even in the midst of the many
offices set forth under the title of Gov
ernor, from page 304 to $50.
The act No. 81 is entitled: CAN act
10 amend and re-enact the Civil Code
OF the State of Louisiana, including be-
Sides all other matters embraced in
said code, the several objects set forth
in The table of contents here annexed
IL II