The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-24
JEFFERSON PARISH AND THE SIX.
TENTH AND SEVENTEETH
WARDS.

| JEENIH AND SEvENYEE1H
WARDS.
As a good deal of uncertainty has existe
relative to the exact relationship of the Six
teenth and Seventeenth Wards to the city @
New Orleans, Major E. A. Burke has solicite'
from W. R. Whitaker, Esq, his legal opinion
upon the question. In reply to Major Burke
Mr.. Whitaker says:
Major E. A. Burke:
Some questions presented relative to Jefferson
parish and Sixteenth and Seventeenth Ward
| of New Orleans, are somewhat difficult, OWING
to the extreme carelessness in the Legislation
affecting their solution.
| Are tie Sixteenth and Seventeenth Wards
lately the city of Carrollton and now a part O.
| New Orleans, in Orleans, or in Jefferson
parish?
The act OF 1874 (No. ~ annexing Carroll
ton to New Orleans, beyond doubt intends tC
transfer that part of Jefferson Parish formerly
the city of Carrollton to the parish of Orleans.
The provisions Of the statute on that subject
are clear and definite, and leave no doubt as to
the purpose of the Legislature. But this pur-
pose of the act is not directly expressed, or
set forth by implication. in the title of the act;
and SO much of the act as refers to such trans
fer of territory from one parish to the other
will probably be declared unconstitutional and
void, for that reason, by the Supreme Court,
if the matter comes before it for direct deci-
sion.
But it is not usual, nor is it considered we'll,
to treat positive statute as nullity, because
it is popularity regarded as unconstitutional.
Perhaps l put this too mildly. If the commu-
nifty, or part of it, arrogates to itself the ex-
ercise of judicial functions delegated to the
appropriate branch OF Government, and de-
termines at its own pleasure whether law is
to be obeyed or disregarded, the consequences
are apparent. To encourage such al invasion
and disregard of legislative and judicial au-
thority, would be.to encourage anarchy. But
what are we to do in this particular case?
The Supreme Court has not passed upon this
statute, and the decision of the Second Judi
cial District Court is not final settlement Of
the question. The doctrine of the latter
court may not be ultimately approved by the
Supreme Court 1t may be met by counter
decisions from the District Courts of the parish
of Orleans.
Suppose that the people of the Sixteenth
and Seventeenth Wards regard themselves as
residents of Orleans parish, and vote at the
election for the Sheriffs of that
parish, and that the election should be matter
Of contest in the courts, the result of the con-
test depending upon the counting or rejection
Of the vote of those wards !? There can
hardly be doubt as to how the Supreme
Court would decide upon the validity of that
part of the vote. I believe it would reject
t, because of the defect Of the title Of act II,
Of 1874. The vote OF the two wards would be
thrown away.
l regret to advise course which is, in
effect, an assumption by the masses of judi
,ial authority, for the precedent is most ur for
innate. The blunder of the Legislature, |
however, seems to force it upon u.s. To |
make the vote Of the Sixteenth and Seven
zenith Wards effective, it seems necessary to |
disregard the plain letter of a statute as
apparently unconstitutional, before the court |
# last resort has SO declared it.
Having however, reluctantly reached this
conclusion, the answers to the questions be-
ore me can readily be given.
The Sixteenth and Seventeenth wards of
Jew Orleans, in this view of the matter, must
70 treated as part of the section of Jefferson
arish electing, and within the jurisdiction of
he First Justice of the Peace of that parish.
Although the resident voters of the wards
AIMED will vote for the elective officers of the
municipal government of New Orleans, they
ill vote for the parish officers of Jefferson par
h, sheriff, police jury, etc. Councils and
olice jury have been in office in New Or
ans at the same time. (See The General
ouncil CT New Orleans vs.. Lockett, An, 80.
Whether the Mayor Of Kenner is to be
oted for as seq oticio Justice of the Peace"
y persons residing outside Of the city Of !
enner, is a remarkable interrogatory- .
Guild be so, did it not appear that the right
such persons to SO vote is seriously urged
y some persons Of official standing and inhu-
ice. The Mayor Of Kenner has er oticio
lthority as Justice Of the Peace, ana the
atute extends that authority ever territory
eyond the limits of the corporation. Only
le citizens residing within the corporate c
mits have a right to vote for him as Mayor. f
he election as Mayor makes him Justice of S
e Peace, not the vote of the people for him a
Justice of the Peace. This is ''the manner S
divided by the General Assembly"-in the a
ords of the Constitution. S
It would be impossible for any one to vote
r him as justice Of the peace, without voting
r him as Mayor for the former Office is G
lily held by him by virtue of his holding the =
tier. If some voters are thus deprived of h
ice in selecting the justice, they must blame
9 law for making the place an er-o,1ic;o one.
The singular fact that a very large part Of
e territory of Jefferson parish has been
signated upon the registration books and 4
rtifcates as "Camp Parapet," in specifying
9 residence of voters from several wards, >,
II not present an insurmountable difficulty
proper voting for police jurors, if they are
,cted by general ticket, all five jurors being
ted for on the same ticket ~
VIM. r. WHITAKER -
F. L. Claiborne, of the !"
IRISH Of Pointe Coupee, and member of the
mocratic State Central Committee, honored
with call yesterday. He is in the city for