The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-18
THE CITY ATTORNEYSHIP.

We publish herewith the decision Of the
Supreme Court in the contest between Messrs.
Walsh and Jonas for the office of City Attor-
ney, in which the right of the Council to elect
is maintained over the claim of Kellogg to
appoint to the vacancy created by the resig-
nation Of George S. Lacey
To the members of the bar and State and
city officials the reading of this decision will
be interesting, as the principle involved is
one of great Importance. To the community
generally it will be an agreeable break in the
monotony Of years past to find that once in a
while at least legal barrier is interposed to
Kellogss aggressions npon the rights of the
people.
The new City Council are entitled to much
credit for the sturdy manner in which they
commended for their municipal prerogative,
SO clearly established by this decision:
SUPREME Court STATE OF LOUISIANA,
Clerks Office, New Orleans, Feb l, 1875
State Ell rel. attorney General ct al. Us. 3. T.
Jonos.-No. 5526.-Appeal from Superior
District Court for the parish of Orleans
Mr. Justice WHY delivered the opinion and
l
following, to wit:
This is a controversy under the intrusion
act for the office of City Attorney of New Or
leans.
| On the 5th of December, 1874, the defend
| ant, 3. T. Jonas, was elected by the City
Council, and on the same day H. II. Walsh,
who is joined as co-plaintif, was appointed
by the Governor.
| The court, on verdict of jury, gave
| .,,l- g. Iaco II,
| appeal. The term of the Office is for two
years. At the beginning of term power to
fill the office by election is vested in the
| City Council-secton 81 Of act No. Z, of acts
Of 1870. If vacancy occurs, from any
cause, power to fill it is contided to the Gov
ernor-Revised Statutes, section 1877.
The important question IS: When did the
term of Office begin.
If in November, 1874, the election Of Jonas
by the Council ON the 5th Of December, the
first regular session after its own election,
conferred title on him.
| If, on the other band, the term began in
April, 1874, when George S. Lacey, the late
incumbent, was appointed, then his resigna-
| ton on the 9Th OF December. 1874, created q
vacancy which was properly filed by the Gov
ernor, when he appointed II. II. Walsh. AS
| there is much confusion in the charter of
| 1870 in regard to the beginning of the terms
| Of the several Offices therein mentioned as
continuing for the period Of two years, it
| becomes necessary to examine several sections
| of said charter, being act No. Of acts Of
| 1870. It was approved on the 10th of March,
| 1870. Section provides that '.the govern
| ment of the city of New Orleans shall be
vested in Mayor and seven Administrators,
| naming them, land said Mayor aud Admins
| traitors shall be appointed or elected, as here
| matter provided and shall form the Council
of the city of New Orleans. The Governor
shall by and with the advice and consent
of the Senate, appoint the Mayor and the
seven Administrators who shall hold their
offices until the first Monday of November,
1870, or until their successors are elected and
qualified It further provides for an cleo
ton on that day.
Section provides: "That on the second
Mondy following the day of their appoint.
ment or election, the Council shall hold its
first meeting in the City Hall, at which the
Mayor and Administrators of Department
elect, having presented aud filed their certii-
Gates Of election and qualifications, as herein
provided, shall enter upon the discharge OF
their duties as specified in this act, aud their
predecessors shall turn over to them all books,
papers, property, money and accounts per-
tanning to their Offices and to the city of New
Orleans"
Section provides what shall be the duties
of the Mayor; also, that his term of office,
when elected, shall be for two years.
The charter also fixes the term Of Office of
the Administrators at two years.
Section 81 provides: THAT it shall be the
duty Of the Council at its first regular meet
ing after its induction into Office, or as soon
thereafter as practicable, to elect Secretary.
whose duties shall be, etc. also a City Attor-
ney, learned in the law who shall be the le-
gal adviser of the corporation, etc.
He shall hold his office for term Of two
years unless sooner removed, as provided for
in this act, etc. Also, City
Surveyor, whose duty it shall be, etc.
He shall hold his office for two years, unless
sooner removed as provided for in this act.
Also six Recorders, one for each
district whose duties, etc. Such
Recorders shall hold their Offices for term Of
two years, unless sooner removed as herein
provided for in this act, ETC.
1t thus appears that q term of two years
has been fixed as the period Of duration for
the Offices Of mayor, administrators, city at |
torney, surveyor, and recorders.
The mayors aud administrators are to be
elected on the first Monday OF November, |
biennialy.
On the second Monday following their cleo
ton, "the Council shall hold its first meet
lus3 Ill " HILL CilG duu du-
ministrators Of departments elect, having pre-
scented their certificates of election and quail
fcation, as herein provided, shall enter upon
the discharge Of their duties, as specified in
this act, and their predecessors shall turn
over to them the books, papers," etc.
by express provision of section thirty-one
it is made the duty of " the Council, at its
first regular meeting after its induction into
Office, or as soon thereafter practi cable, to
elect secretary, etc. Also, a city
attorney, learned in the law, etc.
He shall hold his office for term Of two
years." etc.
That the intention of the law is that the City
Attorney must be elected biennially by the
Council cannot be doubted, and that his term
of Office is two years is clearly stated in the
charter.
The theory of plaintiffs is that the term be-
gan first in April, 1870, when the city govern
ment WaS ORGANIZED under the charter an