The New Orleans daily Democrat., 1878-11-14
,JUDGE THEARD.
mE Vs INTERVIEWED BY OUR he
PORTER.
urs 0pgnfon on the Law Relative TO the
City Administrators,

Yesterday morning reporter OF the DEMO
cnAT called on Judge Paul E. Theard to in
teryiew him on a question OF law much
apitated and discussed of late, and about
which very confused Ideas have SO far pre-
vailed:
Reporter-Have you read, judge In the
minutes Of the City Council meeting OF No
vember u, the resolution requesting the City
Attorney to give some information as to the
time OBJ which the city ofIlcers~eiect may
claim their seats, and with what credentials
they must be provided?
Judge Theard-I have, sir; but is not Mr.
Jonas the City Attorney?
Rep.--That does not prevent you, Judge,
from giving your views on the matter.
Jugde Theard-Well, then, to oblige you, /
will. But. to proceed with cearness and order,
/ must divide the City Councils resolution
into two questions: J. What qualifications
istrators elect possess2 2. When may they
legally claim their seats
I. On the first point, ! say that the Mayor
and Administrators are governed by sections
. and 20 Of the city charter. Act No 7, extra
you wish
Rep.-I will take them down with pleasure.
SEo, +. Be ii further enacted, ETC.. That the
qualifications OF the Mayor and Of the Admins
They shall be qualified electors. and shall be olt-
zens Of the Stnfe,and forone year residents ofthe
Fly Of MeY e Vhes 1R9
take and subscribe before tho court having pro-
bate jurisdiction in the parish Of Orleans, Or
prescribed by article, 100 Of the Constitution of
the state; also hat they possegs e the tI4 auaillca-
ons h9 eag5S9d nS and T ha hthhy
imposed upon them by this, act and with tho
exception Of the Mayor shnll moreover give
ser6ed and directed.
SEQ 30. Be it further enacted. etc.. That no nd
ministrator Of department shall be qualified
the office to which he shall have been elected or
appointed until he shall have given bond in the
Of s wh egy9a n Na and 5poen re-
faithful performances Of his duties. the solvency
and suficlency of which bond and eureties shall
be determined In the manner herein provided.
to-wit: That within one week after receiving
his certificate Of appointment or election said
member Of Council shall appear before Judge
his bonds and suretes and 1t eha u be the duty
Of the Judge of said court to examine and aues-
n undgr n9 oah h9 srees Ire ba 9essd m
by the District Attorney Of the parish OF Orleans.
and the said Judge shall decide as to the suffi-
or decline to approve the bond so rendered
These, proceedings shall have preference
utes OF the court. and the clerk shall furnish q
certified copy Of the same, under tho seal OF the
two dollars; copy Of said proceedings shall
be recorded in the office OF the Recorder of
Mortgages of the parish of Orleans end the
inscription shall operate as q judicial mort
gage against all the property Of the principal
for thn amounts our for Which he is bound; and n
and the approval thereof by said court, and his;
undertaking, Notwithstanding, to perform any
functions Of raid office he shall be considered
not exceeding Ave thousand dollars. and i'm.
prisonment In the Parish Prison not exceeding
o on to d b be neb a YSg he f os a2e n
other court as may have criminal jurisdiction.
by indictment or information; and al acts
absolutely null and void. Should any OF the
Administrations appointed. or elected fai! to
qualify, as herein provided for the Mayor shall
Immediately order an election in the manner as
provided for In the act to fill the vacancy or va
cnncies thus created except In such cases as
are herein provided to be filled by appoint
mont.
Judge Theard- being the law, itseems
to me that the qualifications Of the Mayor and
Administrators are these: they must be citi
zens and qualified electors, and shall have
to the election. AS to their credentials, they
must procure q certificate Of election from the |
proper authority: they shall then take before
Judge Tissot mo one else, says the law,) the |
further swear that they possess the qualltica- |
tions required by law. and will faithfully !
perform their duties. The Administrators, |
moreover, shall, before any. Of the District
Judges of New Orleans furnish their bond for |
$25,0O0, each, with good and solvent sureties,
in accordance with the provisions Of section
90, Just mentioned. The Mayor Is not re-
u,lired to furnish any bond.
Such Is the law on the first point.
III. TO answer the second question we musti
examine section of the same act of 1870,
which Is the charter Of the city of New Or
leans. 1t reads as follows:
Sec. G. Be il further enacted. ETC.. That on the
second Monday following tho day of their ap
fret meeting la tho City Hall. at which tho
Mayor and adminiIstrators niI elect. haytng pro
HIou and aualcatons np 'V rs herein rrovided shall
speened in this act and their predecessors
shall turn over to them all books. papers. prop
erty, money and accounts pertaining to their
offices and to the city OF New Orleans.
These words are very positive and plain,
and one would hardly think that any doubt
could be entertained about their meaning.
But SO it Is: the greatest confusion now pre-
walls In the Interpretation. And why2 Be-
cause there is the election law OF 1877 Iact No.
58), which enacts that the Governor shall not
Issue commissions to the officers elect before
affect the Mayor and Administrations There
LIS an axiom Of law which nobody can Ignore:
Generalin apeciatbus non derognnt. In this
matter the general law is act No: 5s OF 1877.
|
The city of New Orleans is o corporation
within the limits of the parish Of Orleans.
The Mayor and Administrators arc neither
State nor parochial officers but the trustees
or officers of the corporation Of New Orleans.
AS q corporation, therefore, the city OF New
Orleans has its own charter and special laws;
and its officers cannot with any more reason
Fe governed by act No. So of 1877 (which Is g.
law than might be the trustees, di-
rectors and aldermen of Baton Rouge, or of
the city of Shreveport In Caddo, or Of Plaque
mine in Iberville.
Should you wish for another argument in
of my opinion, observe that the
Mayor and Administrators must take their
oath before the judge of the Probate Court
They can go before no other Judge. Such Is
Che enactm ent of their special charter law II,
then, they must be governed by their law in
this particular, they must be governed there
by In all the others.
In answer, therefore, to the second question,
T say that the Mayor and Administrators
elect may legally claim and take their seats
on Monday, the eighteenth Of November,
which shall be the second Monday after their
Rep.-I thank you, Judge, for having so