New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-21

been no question. But the constitution has
expressly declared the contrary. 1t says
that this term shall expire at the end of the
next session. That, in the absence of any
other pre- vision, must mean any meeting OF
this deliberative body. The constitution
provides how this Assembly is ordinarily
and regularly 10 meet at stated periods.
But it may meet at any time, and with the
executive has been lodged the sole power
to determine when he may convene an
extra session; and it has been made his
duty to designate the object aud reasons
for the converting of an extra session. ile
trainers Of the constitution have thought 1t
proper to provide that the General Assem-
bic, when convened in extra set-
sion, should by preference over oral
nary matters, take up such matters
as had induced the executive to convene
them, and first pass upon them. Also, the
power was vested in the executive TO limit
the duration of the term OF the session,
which could be only extended by joint reso-
luton, with the concurrence OF the eXecu-
tive. II the term had been limited 10 one
day for any special purpose, and no JOINT
resolution had been passed with the con
currence of the executive, then time might
have prevented legislation on any other
subject. But | do not think it can be held
where they do concur and extend the time
of the session, where they have legislated
on all matters which led TO the eonvocation
OF the session. and have had time 10 enact
other legislation, that 10 is void tuy irregUs
Iarty or uncOnstitutionalityo
There is. therefore. no force in the objecs
ton that this commission was issued in
what is called an extra session of the Legiss
lature. 1t is just as binding and just as
valid as if it had been done in regular ses.
sion.
Now it would seem thar, although If 10
action had taken place with reference 30
filing this vacancy, the appointee would
nave been entitled to continue in office to
the termination of the next session of che
Legislature. Still that is an unimpOrtant
matter, because the commission in this case
was issued to the plaintiff during what is
known as the extra session Of the General
Assembly; and it might as well have been
done on the second, or third, or fourth or
fifth day as any other. 1t appears IN this
case to have been done close TO the termlna-
ton of the extra session. But from the
moment that the Senate cOncurred with the
executive in filling this vacancy, the pro-
visional appointment ceased, and after that
the defendant was Illegally exercising the
duties of the office.
The Judgment will, therefore, ne that the
relGtoI p. II. Morgan be declared and ad-
judged to be the regular Y appointed and
constituted associate Justice OF the Supreme
Court OF the State, and that the defendant,
j. H. Kennard, be declared to be uAaw!ully
holding the Office.
He can not be declared usurper, be.
cause he is lawfully there, but his term of
office and his right 70 hold the office ceased
upon the action of the executive and the
Senate. Thereafter he was Unlawtolly
holding the Office.
The exception in the case of Beauregard
vs. Lewis, Administrator of Improvements,
was submitted to the court on the same
evidence as offered in the case of Stewart
VS.. De Blois. For the reasons assigned in
that case Judge Hawkins sustained the ex.
ception. and ordered the euio TO be die.
missed.
In the case Of ". W. johnson SIS L. 4.
Duvigneaud. counse! for plaintiff appear
and show that defendant has not complied
with the mandamus rule of this court. but
is still performing the functions of inspector
of weights and measures, wherefore they
pray that said Duvigneaud be cited 20 show
cause on Wednesday why ae should rot te
punished Tor contempt.