New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-03
THE CASE OF POLICE COMMISSIONER
LECLERE,

LECLERE.
A glance at the revised edition Of i'm
parchment articles prepared by the House
of Representatives shows that one of the
specifications against the Governor is
founded upon the unjust and arbitrary
removal of Hon. e. V. Leclere as MEM
Der of the Board of Metropolitan Police
Commissioners, and the appointment of
Mr.. E. V. Ryan in his place. Perhaps q
careful examination of the facts would
convince the impeachers that they had
no case. It is true that Mr.. Leclere
was legally appointed on the board to
fill vacancy then existing and waiting
to be filed (see article sixty-one, constitu-
tion); that he was confirmed by the Sen
ate, and was, of course, entitled to hold
the Office during the remainder of the
term of Office of the Governor (see section
223S, Revised Statutes; that while he
was in the enjoyment of his Office and
in the exercise of its functions, Mr..
Ryan presented com mission as commits
sioner Of police vice E. V. Leclere.
Ryan, then, by the connivance of the
Police Board, usurped and occupied Mr..
Leclere's Office. Governor Kellogg never
removed Mr.. Leclere. He did commit
the indiscretion of giving q party an ap-
pointment to An Office which was not va
cant, and then the other members Of the
Police Board, in their superlative wisdom,
created the vacancy in order that this
party could fill it. 1t is the law in Lou
isiana that the appointme to fill va
cancy does not operate removal of the
previous incumbent; no removal can so
be made; a. An, 1867. The appoint
ment and commissioning by the Govern
or of party to an Office which has been
legally filled, without the vacancy being
first declared according to law, is an abso-
lutte nulHty III An. 400. Govern
or Kellogg never removed Mr..
Leclere, never attempted to re-
move him; had not the power to
remove him, except by due process OF law,
and Mr.. Ryan's commission did not pre-
terd that MIR. Leclere was removed.
Governor Kellogg, in obedience to the
generous pronptings of his heart, has &C.
casionally committed errors Of judgment
He doubtless did so in this case. He ap-
pointed man to fill vacancy that did
not exist, thus issuing commission
which was, on its face, nulllty, leaving
him to fight it out with another named in
the commission for the Office. The Po-
lice Board, willfully or in ignorance, de-
cided a matter that belonged to the courts.
The Board of Health grappled with
a somewhat similar case about year ago.
Senator Kelly, Of Lis city, importuned
the Governor for an appointment as men,
Der Of the Board Of Health. The Gov
ernor yielded to the demand, and gave
the Senator the commission. The Sena-
tor lost no time in presenting his commits
sion to the board, but that body, COM
posed of discreet and intelligent gentle
men, decided that, as there was no va
cancy in the board, Mr.. Kelly's commits
sion could not be recognized. Now, had
the Board. of Health done, as the Police
Board did-had one of its members been
displaced and 1lr. Kelly seated-would
that act of the board justify Demo-
cratic Legislature in impeaching the Gov
ernor?
The impeachment of Andrew johnson
was the most important cause of the kind
ever tried in this country. That it was con-