New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-19

SdIu " " llICH LuC StdGCJ dIbSt
ulatiODs, can enforce them. There Is;
therefore, nothing serious, | take 1t, in the
objection that these proceedings would
have retrospective effect, or would dlVest
person of vested rights, because there can
be no such thing as vested right to an ONCE
Neither the relator or the defendant has
any right 70 this office. But the Leglsla-
ture is competent 20 provide a method anu
prescribe rules by which it can be ascer-
tanned whether one or the other. or whether
anyone. is legally entitled to the office.
The State issues her commission to com
petent person to exercise the duties OF an
office. She then judges who are omcers.
There is the groundwork and foundation of
claim to office. The State knows 1t and
everybody else knows it. IG becomes
public act of the State, and she is cOmpe-
tent to prescribe any rule without lnterier-
ing with any right by which the person
she has declared to hold that office may 0e
regularly inducted into office. When there
is any other person holding the same office
the State has adjudgod th1 matter bJ issH-
ing "A commission regularly to another, and
she is competent to determine heW the mat
ter is to be inquired intO to the end that
her officers may enter upon the discharge
of their duties. The State passes on the
question of the right TO office when COM
mission is issued, and no person having any
right to the office has any right to complain
of the mode prescribed to ascertain that
right therefore see no force in the objec-
tiOn that citation is not provided toS IN this
| law.
This law seems sO provide that where
| any party holds an office in contraVentl0n
| of a commission issued by the State, such
| party may be required to shew to- court
| of competent jurisdiction whether he is en-
| titled TO the Office within given time. III
| the time fixed was an impossibi1ity, of
course, it would be liable to criticism. If
| the party resided great distance off, and
could not answer within the given time, he
| would only be required to answer after he
| had received notice; and twenty-fouP hours
after that he would be required to appear.
| But the whole question is determined by the
| mower of the State to make those regulations.
| 1t is a sovereign act, which the State can
| be said to exercise, of determining who are
| her officers Under the law before, the
| State might inquire at any time on motion
| of her law officer, and eject anybody from
| office, without reference as to who IS hold
| ing it. But if there was no one else claim
| ing the office there would be contest
arise, because an officer exercising the du-
| ties of an office without opposition would
not be intertsred with by the State, unless
| it was some person who was Infamous who
beld office; then the State might proceed to
| eject him from office under the law.
| The prineipa! thing that see in this act
| is that it authorizes "a person claiming an
| office to proceed in the manner prescribed.
I The State announces. and it is so recog
nzed everywhere in granting commissions,
| when she issues q second commission, chat
| she has by authority removed any obsTuc-
tions in the way. Suppose the commission
| Of an officer has expired by limitation.
Under the provision of the constitution au
| thorzing officers to continue to discharge
/ Al, 4 e oh,.iu eff nrti1 ehnIr GytD-
| C. ssors shall have been duly inducte! ;nto
! office, the person might in that case con-
| Time to- hold the office.
But from the momens the State fills the
| Office by issuing another commission, that
I person is Ont of etfice. This law has only
! provided this method, which is called ''tele.
| graphic by the counsel Whether it is
| teegraphic or NOT would be a matter for the
| newspapers 10 discuss. 1t i. q matter wei!
| known to all that there has been a great
| deal OF trouble manifested in ehangiL g
! officers Terms Of officers are expiring
| every day, and il would be we'll is the pub
| lie were noe distnrbed by the contests
! arising where officers are changed.
! Che exceptions are overruled.
! second DistSics CosEss
| sn the matter of the interdicrioS OF
! Henry Beckmeyer, Judge Yissot Gas rem
I dered the following decision:
hn the ease trle0 De1ofe rnSs court Sh the
sixth of January, 1878, the It tstimony re
| ported by the photographer was placed ia
. my hands yesterday only, The evidence
| is all on one side. Four witnesses have de
| claret that Beckmeyer is now of sound
mind. The witness in whose testimony
| placed The most reliance is Or. Logan. aie
! is one of the most distinguished physicians
is this city. He examined Seckmeyer
g, previous to his ihterdicton, and since. te
says that Beckmeysr is now perfectly sane,
and perfectly competent 10 attend to his own
business. caused Beckmeyer 70 come into
| my private office. lie was in attendance
At the trial Of this cause. I called him
apart and made an appointment with him
fOr the Gext day. 4 am satisfied shat ne
| should not remain under the stoke of shis
I interdiction. ara only sorry that the
| testimony was not given Co me sooner. in
| order that he should have been restored %
hi. self-control ten days sooner. for ne is
undoubtedly Of sound mind, and fully able
60 manage his own affairs.
1t is therefore ordered, adjudged and Dc
creed that there be Judgment herein in
! fayos Of Henry Seckmeyer, and as prayed
| for.
The succeesons Of Alex. y. Davis Joseph
] August, Peter and Constance Galomes
have been opened in this court.