New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-31
NEW ORLEANS REPUBLICAN, FRIDAY, JANUARY 81 1873

| by the House of Representatives. During
his impeachment the Governor was sus-
! pended, and the "powers and dntles OF the
! pff;ce" deyolyed upon the Lieutenant Gov
erno,." Constitution of Louisiana, art. %.
| Was the Senate which confirmed i. III.
| Morgan the Senate OF the state OF GOnlsl-
| ana!
II was composed Of persons returned as
elected to the Secretary OF State by the re-
| turning officers recognized by this court to
| be the legal returning officers ~ the late
! election. Constitution, art. 10.
! It was organized at the State House by
! those whose names had been furnished by
| tho Secretary of State TO the Secretary OF
1 the Senate, in accordance with the election
| law OF this State; it was presided over by
| the Lieutenant Governor, and subsequently
| it was recognized by the Acting Governor
I of the state as a part of the General Assem-
| bly,. 1t i, tacitly admitted by the defend
! ant, that the body of men who confirmed
| the appointment of Morgan 10 the Senate,
| for ne attacks q law under which this suit
| is brought, enacted by the General Assem-
| bly, of which this Senate forms part, not
I on the ground that the act was not passed
! by the Legislature, but OBJ the ground that
| the law violates the CO. stitutiOD OF the
| State and of the United States.
| Though we have not the power 10 decide
! who are the members OF the General Assem-
| bly,, yet we, as Judges, are bound 70
| know what assembly of men constitute
| the State Leg islature, for we are bound 10
| know what are the laws Of this State, IN
! order to al judieate upon the rights OF At'-
| giants under the law.
! We are OF opinion, therefore, that 4. II
| Morgan was duly appOiRted and confirmed
Associate Justice OF the Supreme court,
vice W. W. Howe, resigned.
! But il is contended that during the recess
of the Senate John II. kennard was ap-
! o inted Associate Justice OF the Supreme
| Court 10 fill the same vacancy, and thac
| the term of his office has not yet expired.
| Article sixty-one of che constitution de
4! clares 1.-THE Governor shall have power to
fill vacancies that may happen during the
recess of the Senate by granting sommls'
| sions, which shall expire at the end OF the
| next session thereof. unIess otherwise pro
! vided for in this constitution etc. s.
! We deem il unnecessary to decide, 10 this
| case, whether or not the commission ol
! the defendant would sntltle him to
| hold the office after the appointment and
confirmation Of another person 20 the same
| office, until the end of the next session OF
| the Senate, for. in this case, il il shown
! that session of the Senate was held after
| the defendants appointment vas made,
| and that that session ended on the sixth
day of January, 1878, and kefo,e the meet
f., ing Of the regular session OF the General
| Assembly. The language OF the cOnshtu
| tiOn seems too clear to admit OF but enc
| construction" until the eud OF the 'seIt
session of the Senate" 1t is not denied
| that there was an extra session OF the % 4
| eraI Assembly convened on the ninth q :
! of December 1872 but it is cOn.ended that
| the constitution, IN article sisty-One, refers
to ordinary or regular sessions. Ihe con
! stitution authorizes the Governor to con
vene the Legislature on extraordinary
occasions. There is no reason. therefore
| to cav that article siXty-one refers
only to she regular or annua! ses
sions of the General Assembly, and We
! can not construe article sixsy-One ia the
manner cOntendeG for by the defendant
. without interpOlating the words regular 81
ordinary in the article, which, of course, we
| can not do. It is manifest from article sew
| enty-tive of the constitution that 1t was tht
intention Of the trainers Of the constitution
! that the Judges of the Supreme Court shouts
be appointed by the Governor, with the ad
vice and consent of the Senate and article
sixtv-One provides for a contingency whicf
| might arise, but IL limits Che durs
ton of the commission of she officer ap
| pointed when the advice of the Senate cOult
not be had, to- the end Of the "neXs session
| of the Senate during which session th'
| Governor can, il he wishes, haze the advice
| OI 1if5 SeUdtt. Ills Iltt4'tutlcil was (" II
striction upon the power conferred upon tbs
| Governor &c BeCeSSlt0te re-,
There is no merit in the defense.
| Il is, therefore, ordered and a31IdgeG
! that the Judgment of the lower court SG
| affirmed with costs of appeal.
Mr. Justice Howell concurriSg, reserves
| the right to file his reasons.
Associate Justice Hyly GisacIte': and
! Mr.. kennard was Nc1seJ.
| H. 10 nnHppStnnH tba latter ffGpp u
/; against whom the decree was rendered
| will appeal TO the United States Supreme
| CoWvt on constitutional grounds.
: .up.-ist Distric, GosYs.
: State Of Louisiana OK rel. :. 4. LObdei
| VS. James Sraha4n, auditor. transferred
! from the Eighth District Eourt.-RelatO.
! holds bonds Issued by the State of lIOUisI
ana in aid of the Mexican 'Gulf Railway
| New Orleans and Nashville Railroad Com
! pany, etc, which have passed maturity
| all the coupons OF which have been paid
. lie claims interest on these bonds 10 thu
| amount of six per cent per aDnum, amount
| ing in the aggregate to $500, and prays gOY
L writ of mand&mUS 20 Compel Che Auditor
= of che State 20 issue Ills warrant. 0D shs
| Treasurer Tor tae same. Refused.
! 1t was decided IN This GUEfS, on motion 81
| George :. lacey, counsel -ter the Board OF
! Administrators of the city Of New OSleGns
that the property situated liz che fourth
| drainage district was subject 10 "a mort "a &c
| lien fOS the drainage FAX i'll favor ~ tbs
city.
! @eossd District GoHree
! The SUGGESTIONS OF john keru and sis
wife, Mrs. NJ AeFB, have been opened 10
I this c0urs.
RHstH Sisiricf Gcur9o
! Judgment in favor of defendant was ee.
! dered in the ease OF Srepagnier VS.. EarteS
! This is a ease instituted for wages as az
! Overseer, and is one of the ordinary kind
! with noSLng OF particular interest in il.
| In the case OF Samuel Lawson vs. Geargs
! Kouns and William Moran Judgment il
| favor of plaintiff. The suit was instituted
1 on aD indemnity bond for s250G.
TH& SENATE NEsTERDASo