The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-11-15
THE CITY HALL.
rxxrzs s,zry ATTORNEY GIVES HHs OPEN
SaN CONCERNING THE TENURE OF
OFFICE OF THE CHTy COUNCIL.

oprvCE OF THE CHTy COUNCIL.
rrbe following communication was received
hit tho Mayor yesterday morning AS The
document. which is a very important one
xvas botched up in an evening publication we
falyt, the occasion to say that this Ia q correct
copy Of Mr. Jonas "opinion;'
OFFICE Cry ATTORNEY, /
New Orlenns November -, 1878. -
ITO tho Honorable Mayor and Administrators:
Gentlcme,t-In answer to your resolution
asking me for my opinion as to the time at
which the city officers elect may claim and
take their seats in accordance with law, etc,
I am Of opinion TINT there Is no real conflict
Between tho provisions Of act No 7 of 1870
1.-THE city charter and the new election law
{aGt No J8 Of inc exGra sef t OF agIn
the Mayor and Administrations. and the latter
regulates tho manner Of holding elections and
declaring the result thereof
Section Of the city charter provides "That
On the second
MONDAY FOLLOWING THE DAY
Of their appointment or election, tho Council
shall hold It's first meeting in the City Hall,
al which the Mayor aud Administrators Of
departments elect, having presented and filed
there certificates Of election and qualifications
as herein provided, shall enter upon Tho dis
charge Of their dutles,' etc.
The word election in the above has techni-
cal meaning which has always been observed.
These officers were candidates at the gene
ral election held on the iifth, day OF Novemher,
1873 and the day Of their election fwithin tho
meaning Of tho election law will DO the day
on which they shall be declared TO be elected,
by the officer appointed to fulfill that duty
under the law. regulating elections end the
returns thereof In this State
The civil sheriff of this parish and the
sheriff Of every other parish in tho State Is
made, by section 3G Of the election law, the
returning officer, and by section q Of the
turns" to make public proclamation of tho
result, and to make due returns thereof to the
Secretary Of State.
He Is not authorized to declare any one
elected, and has not done SO.
tSee sheri(f's return In DEMOCRAT of
November r.
Section 80 Of the election law provides Chat
it shall be the duty Of the Secretary Of State,
or In his default, the State Auditor, not less
day of holding an election, to begin the com
pilation Of the returns, and us soon as posi-
bic thereafter he shall complete the Compila
tion OF tho returns and shall publish IN the
official journal the names Of allt The candidates
voted for, the office for which each was voted
for. and the number Of votes actually cast for
each as shown by the returns, and chat de-
chwe ftGt the person rcce1uing The greatest
Number Of ootes cast for the office for Which
s,tch person cda q candidate, has been duly
Gtected. ssaJ
In my opinion, this Ia the first and c;5sv. IN
clal declaration of candidates yn W
the present law 1t isrIJt5t tho eectl o' IT,
ell fxh p hoa Is me scfation OF It's result, and
, mmhv always been accepted a. and Is
~ ot'o ssssbtedly tho technical meaning Of the ex
erosion used in the sixth section Of the char
Ger.
I think, therefore, that on the first Monday
after such declaration is published tho Mayor
and Administrators elect are entitled to take
Office
[ think they require no credentials except
their bonds and oaths of Office made In &C
cordance with the charter. | do not think
city officers require to be commissioned by the
Governor. and. in my opinion, tho provisions
Of section DO OF the election law only apply to
these offices where com missions are necessary.
Very respectfully, b. +. JONAS,
City Attorney.
Although the statement Is made without
authority, close observation iustities tho as
sertion that the opinion Is accepted by the
present incumbents and that whenever the
newly elected officials shall present them
solves for the occupation of their respective
departments, after the PRONUNCIATION" of the
result of the election by the Secretary OF
State, they will find the present Mayor and
Administrators ready to most gracefully give
sist them to the full extent Of their abilities In
the inauguration of their official functions.
HOWEVER.
IT Is nevertheless thought at the City Hall |
that the opinion OF tho City Attorney, without
being contradictory in itself, has an appear
anco of contradiction when his quotation of |
the city charter and his own opinion regard
ing the period when the officers elect arc "en-
titled to take Office are brought into COM
parison. For, they say, the City Attorney,
after quoting the charter, which reads that
OH the second Monday following the day of
their appointment or election the Council shall
hold its first meeting at the City Hail." etc,
and arguing that, technically, the election
dates from the day of the declaration Of the
Secretary of State that the candidates receiv-
ing the highest votes have been elected, he
Mayor and administrators olect are entitled
to take office on the FIRST Monday after such
declaration is published.
Since the matter had provoked O feeling
akin to mystiiication, our reporter sought
Mr.. Jonas and, having found him, asked him
II there was discrepancy or contradiction In
fact in his opinion. MIR, Jonas answered that
neither existed. The opinion had been gotten
hastily, it was true, but with sufficient
care to cover the main requirements of the
resolution Of the Council. In regard
to the apparent contradiction, he
said that had he explained 1t In his
he would have said that the
tion Of occupation relegates to the date Of the
election proper the first Monday following
the PRONUNCIATION or declaration Of the Secre-
tary Of State, being aperiod at least equal to
che second Monday following the day of
their appointment or election" according to
&he wording of the city charter
THE ANDERSON RECANrATHoN.
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