New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-17

that only the Superior District Court could
eettle the question. bu; who was to hold the
office in che interim:
Judge Abeli called On many counsel as
ao,iems curir to decide the whethe. the
earlier or the later commiss bn should gov.
ern him. or the last to be fist. but nobody
shed much light ON ,hes8ubiecs. and the
court took it under advised Tent.
IMPORTANT DEf1-io~.
Political stains OF the vSter. Of Carroll
ton.
The following opinion. prepared at the
request Of the Attorney General, is OF con.
siderable Importance. as setting at rest
questions upon the municipal and parochial
statu. OF the voters Of the late ci:y OF Car.
rol.on:
NEW ORLEANS. la. October l3, 1854
Captain William Wright. State Registrar OF Voters:
The Attorney General OF she state OF Louisiana
having referred to me certain documents of ciri-
zens jefferson, prOpoundng to ycu certain cues
fions, and seeking answers TO the same. there.
fsre at his request, render the following Cpinion
for YOUR guidance in the premises: "'''''
IN answer to the first question propounied I
can not ses that it makes any difference where
iods his once % long he resides and hod. his Gs
office within the limits described in the second sec
'ion Of act No. 50 Of Is:!. which h are as follows:
was then the boundary line of the parish OF J, fer
son and is TO-DAY the boundary line between the
parish Of Jefferson and tn. parish of Orleans, and
The lower lmitsof the plantation OF Besusejour
Boisb'auc. in said parish"
Within the above limits ths ii.s. Justice Of the
for. This may seem stlange. as 1t is enormously
believed that Oy act no = OF 1874 the Legislature
annexed the city of Carrollton TO tho parish of
orleans. such. however. is not the case, a. vii!
be seen By reading the title OF act No. * of 1874
follows:
IAN act 10 annex the city Of Carrol,ton 70 .,S
city of New Orleans; to provide for the transfer of
c.rtain transcrps from ;he Office Of the recorder;
the sransfsr E o.; o, books Saper, document. and
public schools t. the city cf New Orleans; to pro.
vide for the debt OF Carrollten; creating the
municipal court. y sanitary district, and repeating
che act incorporating the city Of Carrolluou."
NOv if the object Of this law was to annex the
city Of CarrotOn to the parish Of Orleans it is NOT
stated in its title, and not being stated in the
title. it is plain violation Of article ia OF the
constitution of 1868. which reads every law oh ali
express Its object objects in its title" But
leave the question about the title of the act TO one
side, and 1t sefevident from the reading of the
set, especially the eecond section of the act of
anne xation, that it was not the intention of the
Legislature to annex the city OF CarrOlltOp to III.
parish GfOrleans. threads as follows:
SEC. g. Be it further enacted, ETC.. ThA. the
territory OF the parish of jefferson xsd by this
act to the city of Kew Orleans shall be aud remain
and constitute part of the Second Judicial Dis
trct of the State and that ths terms Of Court for
the parish of jefferson shall be holden at such
pacs in the Parish OF Jefferson may be desie-
mated by the police jury, right bank VINO are here.
by authorized to establish the parish seat of said
parish of JetfeI son."
From the above it is plain that the only con-
structiOn that can be placed the is that the
Legislature annexed the City OF Carrollton to the
city of New Orleans, and not the parish of Orleans
5or municipal purposes; and that alone and that
for iudpiaI Gud farnnhial 10, at;I
portion OF the territory of the parish of Jefferson
How could it be portion of the parish of Orb ans
and the second Judicial district Court maintain
jurisdiction over the same' The first judicial dis.
trct of the State consists of the parish of Orleans.
the second judicial district, Je tftrson ST. Bernard
and PlaquelnIes parishes. 1t can not be cOrtende
that the Second udlcial District Court can exer-
else jurisdiction in the parish of Orleans and if il
was the legislative intention that the city Of Car
r0lltOn should compose and be part of the first
Judicial district OF the state then they failed to
prov for transfer of the records of the Second
Judicial District Court or the records OF the perish
court either probate or civil. relative to the city
of CarrOlltOn.
The Legislature, in ito wisdom, certainly did not
intend that this portion Of the territory OF Jefer
son should be letG without courts OF Justice OF
that it should be left to set up an independent
government OF Its own l am, therefore. CLEARLY of
the opinion that in the sixteenth and seventeenth
wards OF the city Of New Orleans lately the city of
Carrollton, the registration certificates ought to
read upon their face sixteenth seventeenth
wards city of New Orleans, parish OF Jefferson
and that the citizens siding in six teenth and
seventeenth wards Of said city have the right to
vote for municipal officers alone, such as Mayor
and Administrators Of the city of New Orleans but
that they can not vote for parOcia officers of the
parish OF Orleans; that they have the right, and
ought TO exercise 1t, to vote for parCcha officers
parish OF Jefferson as follows: Parish Judge |
sheriff, coroner and members OF the Legislature
re ctizsn can not he deprived of the rig hit of
leotlng or voting Tor his own Judge where tho
gives HIM the right. Political trick
sters % knaves or fools NAV seek 60 deprive him I
OF his right 10 further their Wicke ed ends but
Rhere is no danger Of the courts sustaining such
acts. II may seem strange that the city OF New
Orleans by this construction is situated in two |
parishes or COUNTIES; but a geographical glance at
the site of some of the modern cities Of this and
other countries viii disclose the fact that they are
matter has been passed upon at the last term CT |
the district court, parish of jefferson. The court
there decided that the city OF Carrollton was
merely annexed to the city of New Orleans for 1
purposes. and than for judicial and |
parochiA purposes 10 was still IN the parish of !
Jefferson.
The sbove is believe a f,'l answer ia the frat
aud second questions propounded. The third J
lhestion Is not OF much Importance, and presents
Esry niue dlifculty. The portion of territory !
erred to is very small and thnly settled. 1t for
merry composed portion of the territory over
"hch the second justice of the peace exercised !
Jurisdiction. Hy the act of incorporation known
As act No. Il of 1875 creating the CITY of Kenner
ne ONCE OF second Justice OF the peace was abol-
sneo ana . new office created, known as the
mayor OF the CITY OF heDner, who should be at the |
anne time ex otiicio Justice of the peace and was !
'Veh jurisdiction ovee the small! portion of terri
oiy noI lhc uded within the incorporated limits. !
IS, therefore, pain 70 me that the citizens ,iv-
nS within the lower line OF Beausejour Boisblanc |
'anI ation and the upper line of Tredau's planta-
ION nave the right to vote for the Off clio justice
u tne peace and for the person designated IS the I
narshal or constable but not for the city council
heuher; as their votes eau rot be counted or !
cAhoWle1iSed SO faf az municipal affairs are con- |
arish officers.
In reply to the fourth and last question, I can I
ee no difficulty Whatever in complying with the !
Hclai nOtlce as published in the Official journal, |
WIN the law that governs in this case. The |
SCI naO the registrar OF voters reCiste red the cit
ems as residents of Camp Pa,apet a D ace well I
nOWn 10 DE within the police Jury wards of the |
fAll'h Vi Jefferson, LETT bank, would not prevent |
nem from voting at any polling place that might |
. established within the police jury wards under !
ne ia~. The parish of Jefferson left bank, forms I
~ one precinct, but there can he as many polling
aces opened as may be deemed necessary. Police |
ltois are now, under the law as it 1ists in Jeer
~ 70 Dc elected Dy general tcket-that is, to
", .he names OF the five Jurors to be elected are
1 10 Paceu on the Ticket The citizen casting the
alioe, no matter in what ward of the parish he |
YES YES votes for all five jurors.
me ne ohIy dlstinction in the law now from what !
was formerly, is that the law provides that no !
" Jurors snail be residents of the same ward. |
'a theS must be at least two years residents Of {
eir respective parishes
l. oeneve the above is a full answer to all ques- {
e. !, therefore. at theEeauest Of A. P. Field, At.
.ney t EEeherai. state of Louisiana. submit this
hnion IOr your guidance in the prenises ,
very respectfully yours
...:.. ZUlNGLIUS MCKAY,
stTict Attorney, Second Judicial District of
Louisiana.
nnl