The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-11-17
THE NEW CITY ADMINISTRATIONS.

| 10 the ED tor OF the Democrat:
| We concur in the main with our correspond
ont "A Young Lawyer" In his dissent from the
views Of the learned City Attorney, Mr. Jonas
as to the time and mode Of inducting the city
officials elected on the fifth November. The
proclamation of the civil sheriff establishes
the fact of the election Of these officials: and
on the Monday following, they are entitled
after qualifying by oath and giving proper
bonds, to take possession of their Offices and
hold tbs same until dispossessed by judicial
authority. There Is no certificate of the
to give such right or title. The official procla-
nation Of the civil sheriff Is sufficient and con-
| elusive SIS to their title. There is q notable
precedent Illustrative Of this proposition.
During the administration OF J. Madison
Wells in 1866, the Legislature enacted that
the Governor should issue his proclamation
ordering an election to be held on the second
Monday Of March for city officials, as pro
vided by the act Of candidature of the city,
and that the officers thus elected should enter
upon the discharge OF their duties on the first
Monday following their election, and should
continue in office until the third Monday In
June 1868.
The city government was then administered
by a Mayor and bureau appointed by the
military commander Of the department.
J. Madison Wells was Governor, and DR.,
Hu. Kennedy Mayor. Wells vetoed this act.
but it was passed over his veto. The election
was held and John T. Monroe was elected
Mayor, with aldermen and other officials, and
the returns were duly made to the Secretary
of State, J. H. Hardy.
Application was made by Monroe, and the
other elected officials, to Gov. Wells for GER
tificate OF their election, which was perernpto-
rilv refused by him.
This refusal was reported by the attorney
Of the elected officials to Gen. Candy, then in
command Of this department., who directed
one OF his aids to proceed with the attorney
tendance with the certified returns. Wells.
who then, as Governor, occupied the rooms In
the City Hall now occupied by the Admins
traitor OF linproveme objected most vio-
this order or. request OF Gen Canhy; but
of M stae "a dsres"raa Hsaa ''sh bis SfSFStaty proesy
and proceeded with the returns to Caubvs
the returns, directed his Adjutant General 10
proceed to the city and see that the elected
officials were regularly inducted into their
offices on the Monday following the election
This was accordingly done; the elected off
GERS were sworn in by q judge; Gov Wells
and the military Mayor and bureau officers
were politely bowed out Of the hall, and the
corporation OF New Orleans WAS duly handed
over to the possession and adninistra-
tion Of the trustees elected by the people.
The principle recognized by Gen, Candy in
this article has always been cOntended for in
this city, notwithstanding the attempts Of
Warmoth and Kellogg to attach the corpora
tion to the State government as part and par
eel thereof and subordinate it to the State Exec
utive. It was one of their usurpations to re-
quire city officials to receive their commits
sions from them. We have no idea that our
just-mnded and clear headed Governor will
ever assert any such claim and power In
deed we have reason to believe that the views
expressed above have his concurrence, and
that as o sound lawyer and respecter Of the
rights Of the people he willapprove the induo-
ton Of the elected city officials upon proofs OF
election and the proclamation thereof by the
civil sheriff. which has already been made.
There are strong reasons Of public policy,
as we'll as Of legal right, why our newly
elected Administrators shall enter upon their
duties as promptly as possible. The labor of
and investigation for the inteIli-
gent discharge Of the grave duties which will
devOive upon them during the ensuing month
cannot be commenced too early.