New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-28
CARROLLTON.
The Political Status of the Seventh DIS
trict.

The Political Status of the Seventh Dis
trict.
Considerable interest turns upon the
question whether the sixteenth and seven
teenth wards OF the city Of New Orleans,
annexed by act No. II Of 1874, are now
part OF the parish of Orleans, or remain q |
part of the parish of Jefferson. Upon this |
question the REPUBLICAN has already pub |
lished the learned opinion Of District At |
torney Mckay. Upon the same matter the
opinion OF City Attorney Lacey was sought
several months ago by the City Council
The opinion, as rendered, settled vexed
question at that time, and may be Of equal
service in the future:
OynCE CRY ArroRNR,,)
Rooms Nos. d aud % City Hall. I
New Orl. ans, January Z, 1874
Hon. John Calhoun. Administrator of Accounts
SIR-My Interpretation Of the statute
consolidating q portion of the city OF Car
rOllton with the city of New Orleans, des-
ignated as act No. II, approved March 70,
1874, will place you in possession Of my
| opinion. not only in reference to the con-
| tlictiug claims Of DIR. Folwell and the cor
oner Of the parish OF Jefferson, but as to
other matters " which must necessarily arise,
| in connection with the law under cOnsidera-
| ton.
Has all that portion of the city Of Car
rollton, and parish OF Jefferson, consollda-
| ted by the act aforesaid with the city Oh
New Orleans, and parish OF Orleans, oeen
| absolutely annexed 40 az to SUBJECT the
consolidated territory for allipurposes what
ever. to the State and municipal laws gov
erning the old city and the parish OF Dr.
leans! Or if not, what exception or reser'
walton is madea
am clearly If the opinion that fer all
purposes whatever, except as to the Jurls'
sliction of tho Second Judicial District
Court, the act of anne exation has placed the
consolidated, or united, portion OF the city
of CarrOlltOn in position exactly similar to
| that portion of the present corporation
which, at the time Of annexation, formed
the city Of New Orleans-sO that the old
and new portions Of the municipality, with
the exception of matters connected with
the judiciary, are subject to the same laws
and municipal ordinances.
| The Judge of the Second Judicial District
ia without authority to hold the sessions OF
| his court in any portion of the city of Car
rollton annexed tO the city Of New Orleans;
and the terms of that court must be holden
at such place in the parish OF Jefferson ss
may be designated by the police police Jury y .,;.
court is extended over that portion Of the
State which by the act is annexed to the
! CITY of New Orleans, and whatever is nee
essary to maintain that jursd ictiOn must be
conceded to or granted by the act Of con-
J soidation. The right to summon Jurors
from the annexed portion OF the city OF
New Orleans to subpoena witnesses resi-
dent therein. to call upon the sheriff of the
parish of Jefferson to execute the orders
, and processes of the Second Judicial Dis
| trict Court, in the consolidated part OF the
! citv of New Orleans. and matters of like
nature, may or may not exist. But, be that
as it may-and upon those questions do
not express an opinion-the jurisdiction and
| authority of the Second Judicial District
Court, ii oonstitutionally impaired by the
statute under consideration, Ut which there
- .,'sn, sco.r, for doubt, Can not be ex
II Eie. .,r+har than TO embrace such mat
tenuou .ra shsolutely essential to the enjoy
mss mant Of the iudi.siai power over portior
efs nf the o ci,y Of New Orleans which is 'm
narted by the act Of Anhe1ntlon'
80 What jurisdiction nas GS' ~ 1'Husor
| r,h;ch ha. heen annexed to the city OF New
| Orlenu.3 None whatever. His lnrlsdlc'
| ton hy law is restricted TO parOchial linn
it's; and when the parish of Jefferson wa
reduced in its geographical extent, by an
| nexing portion thereof t0 the parish o
Orleans and city Of New Orleans, the juris
/, | diction and power # the coroner recede'
with the parochial limits, and Can and dOe
extend no further than the parish Of j. ffersoI
He can not even pretend that he IS an ad
a iupct to the Second Judicial District Court
: aud under the grant OF jurisdiction be
{ slowed upon that tribunal, has acquired
the right to exercise the duty Of coroner il
|, the parish OF Orleans.
/ 3. Does the power and authority of Di
Q Folwell. as coroner, extend to that portion
: of the city OF Carrollton now under con
eideratiOn
If l am not mistaken. the law in refer
ence to the city cOrOners was enacted II
1868, and in 1870 embodied in the Revised
Statutes of the State. BY that law it " a
provided that 9 coroner shall be elected II
each parish, by the qualified electors thereo!
except in the parish OF Orleans, in whic
there shall be two cOrODers 60 elected. on
to perform the duties Of coroner ON the LET
bank, below the middle Of Canal street, an
and the other on the left hank, above tn
middle Of Canal street, and also IN tina
part of the parish known as Orleans, rlgh
bank. DR.. Folwell has been chosen to I'll
the position last referred to. and thus ha
acquired tho right to be- recognized a
cSroner Throughout that portion of tn
parish Of Orleans extending from the middl
of Canal street to the upper liluifs vi tn
/, parish, as well a. Orleans, right bank.
, The same principle which forces Corohe
, Gaudet to recede with the drawing ID q
the parOchial lines of the parish ct Jeh !
> SOY extends the sphere of DIR. Folwell
= operations aO as to make his jurisdiction
: coroner commensurate with the uppe
s limits Of the city of New Orleans AZ nov
established by law.
In my opinion DR.. Folwe1i is entitled {
y he recognized AZ coroner over thar porilo
of the ci+y of Carrollton annexed to tn
city of New Orleans by the copsoldatio
act of 1874.
Ihave the honor to remain.
GEORGE s. LACEY. City Attorney.
!, ! A Gard to the Public-Fihh and Last tsi
Concert In AID Of tho PUblic 14ibrar
Z Of Kentucky
> The management has determined {, hav
y the drawing Of the fifth aud last gift Col
ls | cert of the Public Library Of Kentucky o