New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-01
Police RerrenchmeHt.

| Inc DOdrtl Oi fOllce COmmlSS1OEtts uGNt
come to the conclusion, after having taker
| legal advice on the subject. that act No. Ga
| of the Legislature of 1873 is uncOnstit
tiOnal, and therefore will abstain from issu,
| ing the additional warrants provided for in
| the act This judicious and eommendable
action of the police commissioners, under
the circumstances, VIII have the effect 10
strengthen their warrants in the market,
and create a better feeling among the pub
lie generally.
Furthermore, we learn that the board
yesterday voted to reduce the force fifty
men forthwith, as follows: First precinct,
eight men; second, five; third, eight; fourth,
eight; fifth, ten; sixth, six; seventh, two
eighth, two; st. Bernard, ole. There are now
fifteen vacancies on the force. These mum
bers are not to be filled, and DO promotions
will be made until the new apportionment is
reached by designations, dismissal, etc. No
supernumeraries will be appointed for the
next sixty days. We annex the opinion Of
Messrs. Rice and Whitaker, attorneys of
the board, on the unconstitutiOnahty Of act
No Ga:
New ORLEANS, March 29 1873.
To the Honorable Board of metropolitan Police
Commissioners:
GENTLEMEN - We have received your
resolution requesting US ITO furnish regal
opinion regarding the constitutiUnality OF
act No. GA of the General Assembly, ap
proved March 26, 1873, and the powers and
duties of the board under the same" TO
which we reply as follows:
From It's title act No. "a is ian act 20 pro-
vide for full and prompt payment of the
members, officers and employees OF the Me
tropolitan Police by authorizing the issu-
ance of additional warrants to make up
losses which may hereafter be sustained by
members, officers and employees by reason
Of the depreciation of Metropolitan Police
warrants; to make such warrants so to be
issued for discount receivable for taxes by,
and chargeable (prO rata) to, the general
corporations of the Metropolitan Police
district, and to provide penalty for re-
fusal to receive the same, and to limit the
power of the Board of Police Commissioners
to issue such additional warrants"
Most obviously, section eight. providing
That the Board of Metropolitan Police
Commissioners shall have power and au-
thOrity TO reorganize the police force OF the
Metropolitan Police district by removing
and dismissing such officers and men as said
board may elect; provided, that the board
shall reorganiZe the force within thirty days
from and after the passage OF this act" is
unconstitutional and void, there being no
expression of any of the objects OF this Sec
ton in the title Of the act. (Censtitntlon of
Louisiana, article IA
And further, under section nine of the act
of March 9, 1869, it is provided That each
officer and member of said Metropolitan
Police force shall hold office respectively
during good behavior, and shall be liable 10
removal from office or membership of the
said police force only after written charges
shall have been preferred against him" etc.
1t is under this section that all the officers
and members of the force have been ap-
pointed. So long as the act OF March 9,
1869, is in existence these officers and N m
hers have "vested rights to their positions,
of which they can only be divested by the
terms Of the law under which they were
appointed.
We would, however, suggest that the
terms of the act OF March ., 1859, are sutl-
GENTLY broad for the board to accomplish a
reduction of the force and still keep within
the limits of their authority.
AS respects the provisions of the law for
the issuance Of additional warrants, the
title of act No. "a provides that this issu-
ance is to '.lnake up losses which may here
after be sustained by members, officers"
eCc Section one of the act provides for
the issuance monthly TO each and every
member, officer and employe OF the police,
in payment for services rendered, war
rant for sum sufficient to realize IN cur
rency the amount severally due said MEM
bers, officers and employees at the annual
rate, as is severally provided for in sections
2lSl 22S5 and 1886 Revised Statutes OF 1870,
provided" etc.
Thus the body of the act does not pro-
vide for the issuance of any "additional'
warrants, but larger warrant, or of any
warrant at all to make up LOSSES" but ''iu
payment of services rendered" The latter
object of the law is not expressed in the
title; the title and the body of the act do
not correspond.
If the act be regarded as to increase the
payment of the members, officers, etc, OF
the force, thence as amendatory of sections
22Sl, 22S5 and 1856 of Revised Statutes Of
1870. the title of act should so express it;
but it does not, and the amendment should
then conform to acticle lis of 1he cOnstitu-
ton of the State: "No Law shall he revised
or amended by reference to its title, but in
each case the revised or amended section
shall be re-enacted and published at full
length"
From our examination Of the act. as above
set forth, and from the practical effect OF
the act if carried out, in depreeiating the
value of Metropolitan Police warrants upon
the market, as has already to some extent
occurred and from the fact that the pres
ent value is so near the face value OF the
warrants, we believe it to be to the interest
of the board to refuse to issue the larger
warrants, as directed by section one OF the
said act. Respectfully,
RICE 81 WHITAKER, Attorneys.