The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-09
THE ATT0RNEYsHIP.

Ia the matter Of the City Attorney imbrog-
Ito, the term under the charter of the mem
bers OF the Council is limited to two years,
and the reason Of things, no less than the
general tenor OF the charter relative to the
terms Of Office Of all subordinate officials, re-
arires q similar Limitation OF service IN the
latter cases. Iminentiy is this true IL the
instances of Tie Secretary, Surveyor and City
Attornev The former holding his ONCE for
one wear, and the two lattae theirs for two
wears, as provided IN section 3lst OF the or
panic act, in which it is contemplated and
prescribed as the duty Of the Council to make
the election of said officers, immediately
after their installation into Office, Or as soon
thereafter as practicable; the intent beiog that
each separate municipal administration which
i supposed to represent the immediate and
last popular viii, should control its own or
carnations, and thereby its own policy.
This construction Of the law, which is in
harmony with recognized views of republican
government, would not only by limitation
vacate the office OF City Attorney that the
same might be filled by election, and thus re-
move the specious and fallacious ground on
which under the act OF 1868, Kellogg has as
sumed to appoint Mr.. Walsh, but is further
sustained by the fact that the charter is a
statute, subsequent in date to the act Of 1868,
and Of equal dignity with said act, and repeats
the same so far as the municipal government
Of New Orleans is concerned. No matter
what partisan governor may elect to do, or
partisan Judiciary may decide in indication
Of kelloggs arbitrary action. a
Act Z OF 1870. amended By act as Of 1871,
creating a government for the city Of New
Orleans. makes Offices that could otherwise be
filled by appointment of the Governor under
the ill-adyised statute Of 1865, elective and at
the disposal Of the City Administrators, placing
them outside OF executive control and inter-
nleddling.
The spirit OF the charter suggests another
construction. 1t is relied upon by Nh. Walsh
IN vindication Of the validity OF his appoint
ment that the charter fixes the term Of Office
at ttro Yeqrs, and that Mr. Lacey has
served only since last May, as
an elected officer. Concede the first propo-
sition that two years is the term OF Office i
refer to section 81 OF the charter that fixes the
beginning OF the term mandatorily, currently I
with tue organization Of each council, and it
would follow that any officer holding this po-
sition for a fragment Of time would nave
to determine his term Of Office by sub
tracing the time that had elapsed before
his election from the fixed period Of two years.
and thus ascertain correctly his tanrre
Of service.
Now, as a matter Of fact, by oversight,
neglect OF the charter duty imposed upon
the Administrators. Mr.. Lacey coming into
Office under the admin stration of 1870, held
it until May, 1874, without election, under the |
of 1872, at which time he was
elected. So that really, in the contemplation |
o. the law, he served out his full term ct two I
years. and his office was to be filed ~ the /
Council, and needed no resignation to open
the way for his SUCCESSOR