The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-11-17


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WITHDRAWAL or JUDGE GEO, II
II BRAUaHN,
A serious lubt having alieen M to tn
eligibility of Judge aec II Rraughn fnt tl,'
office " Senator of thn Third District. thu
question was taken under advisemant by TIN
Democratic aud Conservative State unntra
Committee, md was also submitted IT, Hon
Fhoa. j Renlnaa. We append both tt,lulpns
and also tho laiie, ~ Mr. Hraugln. Withdraw
Ing from thaIearvass, Mr. Hrailghna aatior
In thus gtaeafulIy withdrawing from The
Ticket, oven though he entertained doubts as
III lila lnellgIhility is worthy Of Tho very high
eel nn,nmnrdatIon. a,d there can l,e no doubt
hia marked ability and knowledge If Iagsla-
tive affairs would have made him valuable
member Of The senate. II Ia gratifying l..
know that Mt Rraughu does moi propose ii
remain. like Achilles N his tent during tl,e
contest INT VIII Fgve his cordial and active
support e. the Ticket. This Ia manly. and can
not fall tn win the recognition II deserves
MN spNMHa'a OPINION.
| NFw ORLEANS November a. 1870
Must The enha,lule officers. that ia, those on
| Gers whose rlaotinn Ia rtpvtdai for i'm tho
| nnhedula uf tho new constitution pouanaa the
qualifications CIR on ~ prescribed IN the run.
Tho suhadule does not aay 30. On lhe con
| trary II provides the the eention FOR sald
| the'enf nah,a. n oontnfmtg With existing laws
upon The subject Of state elections
| nnders'end that judge ptaughn IL una'loed
Ohm n constitution net In force on the aeepnd
Of Danenhet 1872 taleetlnn DAY be construed to
tie under which the ean,ion Ia held3 After Tho
constitution ~ adnptad. certain officers arc tp
be appointed. bit thoaa officers are appoinfai
by v,tue If ptavialnna q ,u aimed In the oonati-
tuition when Il Ia al ,pin and they must hnve
The qualifications pfeec'lhei hy the nousIlu-
ton The anhaanla haH ttp refaranna 10 thnan
offnata. and the election ~ tho officers enu
mafa'ed In the aohednla II regulated. not bv Tho
constitution. which IL no, operative On eleeltpn
THoa J. R11MMEa
HEADQUARTERS DrnfeanArrt.T CONSERVATIVES
atate dentral Committed
nHronr ~ tnt law COMMITTEE ~ rHn rsrpu-
rive COMMITTEE.
The undersigned report that they have thor
oushty examined the legal question submitted
To them aud hive concluded that Ht III q gen
ara alanltpa no rataon Ia etleihn to tho Hnnata
from fiatrtrt. Upless he Justify n real
!'aneein thu i.triet fnt two years immediate
IL preceding thla election.
person shuttle niphia ~ he General assembly.
unless IT tie fip,e ~ MS election he has bee, Il
resident pfite district N, parish fntn mhirh he
maui sferted n, toe Ren,'s Immediately prevail
4 ia eont4uied TINT In The parieh Of Orleans,
where there are aev. ral Senatorial Diatrin,s. II
's sufficient to have the qualifications Of m
eligible 10 The aeneral Assembly from nav I,o
Presentatlee ~ AenatoItal District, becanse. II
In epfI Bf Ia III cfT i,f 4,aI Il, \
dlsiunotiva. md II Ia sufficient Ia comply with
The ono or other r. uutHte.
There &C. h9}vseye5 other tes4a In The oopatl
tuition upon til's Hlhi. " matter, which show
nnnnlnaiyaly that the required tesidebae Ia the
d!attint or pepish eannnt be considered AZ al
tho yery san1e terms. provides that ''1he qehi
?" n mK a,at,,,s ~" XIX nu1EF
shall thaehp IA raaafea
by nntity of rem tonlng onn would ha oi9lbls
Il he resides either IN Tho district or In tho par-
lEh. but hia aeaf Womb DO ynhhtnd by changing
his rapdanra. either from the parish Or from
the liatrict.
ThIs Interpretation woul,l thus faston upon
tito whole of article "a glarn. nbsurdity but
such ts not thn meaning or this article, IL
mentions listriota OF nAt shea Tot tho election
,o,f membeta 81 the General Assembly. becausein
tIoninR members of tho House. orea'oa Repre-
Districts. nompoand of wards of tho
partial of OrloHna, and allnws representation
- u" r =, nar,alen ' The A,al" Az 1srarda
only aud not pRriahaa. Arta, 10. II, IL.
Tho letter ne VOL a. The apl'lt, q ,ho ronst.
III biz hepreaentatiye District In tho pariah Of
Orleans or ia hiH parlHh. outalie of TIM pnriah
nf OrleRna. and that 4 Senator shall rnaido In
ia diarot Hoo arit Iaa 1si. f94. II h lnavas
hn Representative or Senatorial District. or tn
rarieh which he rerfoss rits tho member OF tho
House md The sonator roapec lively forfeit their
aaatH In tho General AaaaDlbly. Hence the oon
.itulton could DIP NJ less than require resi-
danee in the district for eligibility and this II
hna done.
Tho proponIfion that tho qualifications OF n
Senator elected io arrvs under tho now conHti- |
tgt t mutt be het,rm,noh hy ,ha ET,ovlalona
lutav repealed by tbo n,iup,ion 81 ,he other. Ia |
Huat aimed by m argument more enecious than
aoiId. Tho question IL asked; Dan II ronsiltu
dat). be cona1ruoi 10 hianualiy him f Tor ibo
offlco " Senator. unless II should be- no OK |
rreea|y provided ~ tho s"bedule under which
There ts oestainly nm anomaly IN holding
simultaneously All eloc'ion for tho adoption Of
the constitution and for tho election Of ofIieers
precodnnts. tho convention 10 4 .tarmined md
tho election for of1icore, therefore. is but tho
a a,, q ono which Ia tho ordinary
adoption Of tho new constitution Tho officers
to 'm elaot"d on THO second Of December. ne1t
tane""4ly submlneh for n" alopton ' '''' W.
Bnaislss tho achsdue I, expi obs to the effect
TINT 'Me GenTai hssemttv d,.s, elected anter
article t2o2l Regulates expressly the election II
of1lrnra and Legislators. arhoRa election bV Uto
pdopla IL propidad ~, IN This ronHittttio."
Wn conclude. therefore that tho eligibility of
the Senatorial candidate for the Til ri Senate
rial District must be determined under the new
cons tuition, and that this instrument requires
q residence OF two yeure In this worry district.
THE candi1nta. consequently Ia Ineligible.
Respectfully suhntttah.
ALBERT VOORHEES,.
Chairman.
HENRY CHIApELLA.
FRANK l.. RLCHARDSON
New ORLEANS. November 10. 1870
John Fitzpatrick. ESD. Chairman Third Ward
Delegations
.!su.-I am In receipt OF your letter OF the
eleventh instant. notifying me that had re-