Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1880-04-24
!. u, Citizen, o !.s.. A.sg,.
A Statement In Regard to Yes.
tc,'tiay's Proceedings Of the
CITY Council.

BATON RouaE, April 70, 1880.
On yesterday, 1t being the second Mon.
day after the municipal election, tho
retiring Council mot Mt 10 A. NJ, when
the newly elected officials md Council.
mon presented their commissions In due
form. by resolution tho Same were re-
ceived md approved, and tho Council
adjourned sine die, leaving tho City Gov
eminent in tho hands Of tho newly cleo
tod officials and Councilmen, who by
said action, were duly inducted into
Office.
Thorcupon tho Mayor called tho moot
ing Of the New Council IN accordance
with tho presidents which have been
established and invariably observed since
tho ycar 1874, and In obedience to tho
clause In section 3, of tho City Charter,
which reads rs follows:
"That on the second Monday following
tho day Of their election tho Council
shall hOld its 0rst meeting In the City
Hall, ut which tho Mayor, Administra-
tors Of Departments md Councilman,
m provided for In Section .. having pro-
sentod and filed their qualifications m
herein provided, SHAH enter npos the dts-
charge Of their duties, NJ specified In this
act,' etc.
Tho Mayor and MI tho Counclmen
answered to tho roll, called bv Mr..
George Henderson, who, by u resolution
adopted unanimously had boon elected
Secretary pro tenn. When the Council
was about to proceed with the business
which has for the last ak years been
transacted at the meetings held on this
specified day, Mr.. John J. Wax, Coun-
Gilman from tho first ward, raised tho
objection that 1t was not proper to trans
not such business until tho next regular
meeting. Tho Mayor hero gave II I'm his
opinion that an adjournment and post
pone,Dont until that time would be In
violation of the City Charter, which or
dained Tint n meeting should bo held
this dry, whilst tho other regular meet.
ings were subject to tho pleasure Of the
Council, who might thereby leave the
City Government unorganized until tho
latter end of next month"; to the preju-
dice of the interests Of the city aud
against all precedont.
Upon al appeal from this ruling, the
Mayor was sustained by tho Council.
Thcrcupon, four Of its mcmbcrs,
Mcssrs. Wax, McCabc, Gimlcr aud Gta-
dy left tho hall--an unlawful and I'M.
warrantablc proceeding.
Tho Mayor, ut this .iul'cturc, Informed
| the Council that quorum composed of
four Counoilmcn aud himself, FIVE mem
bcrs, were present; the number required
by Section %, which says;
"Fi,c MEMBERS shall he requisite to
constitute u quorum for doing bust
ness"
On motion, tho Council proceeded
with its business in accordance with
Section %, which reads:
"Ihat it shall be the duty of tho Coun-
Gil at it's first regular meeting after tA
induction into cQicc, or rs soon thereafter
~ practicable, to elect u Secretary" Pete.
It isclcar that the Council was induct-
ed into office from tho moment the com
missions were accepted by the retiring
Council, who thcrcupon, adjourned sinc
die. Also Ia il plain that the ,Grsi
rcWiar meeting after the ind"etio" iHio
oDicc il that prescribed by Sec. 3 Of the
Charter, which provides for no other
As to tho position Of tho Mayor as u
memher of tho Council, See. says:
"l'hnt from and after the third Mon
day in April, 1879, the Government Of the
soid city Of Baton Rouge shall thcnccior-
ward tic vested in Il Mayor amt Right
Councilmcn, elected rs hcrenhcforc spec
flied. tho Administrations of Departments
ccasing, from and after that date to be
members Of the rail CITY Connect Of the
sdid CiW, Gu term which in here made
SYNONYMOUS with that Of Government Of
tho said city, they, (TIIE ApMINIsrHA-
Tons) 10 exercise thor respective tnnc-
tions under the guidance of the said City
Council IN IL will DO constituted from
and after tho said third Monday In April
1879"
While it is true that Sec 6, in prescri-
bling the duties Of the Mayor, says:
"He shall preside at all meetings OF
tho Council, but shall have no vote OK
ccpt when there is u tic, in which case
he shall have casting vote"
1t cannot be- denied that Sec 9, while
it removes the Administrations a. mem.
bcrs of the City Government, or Coun-
ell, retains tho Mayor as part aud parcel
Of the same in conjunction with the
Eight Councilmen.
Therefore the Mayor, with four Coun-
cimcn arc Fipe Members, and constitute
n legal quorum, And such quorum has
been recognized without the slightest
objection by two of tho protesting mem
bcrs, Mcssrs. Wax and Grady, who, no
later than fcw days prior to the late
election, acted in q quorum composed Of
themselves with tao other CounciImCn and
the MAYOR.
II is well hero to state that Mcssrs.
Wax and Grady arc members holding
over, and have throughout, in the past,
HcVui'S'eu III ohS ''cc'"e""6 eS'""'Suc"
by virtue of the clauses of the City
Charter herein quoted, and that they
failed, ON yesterday, to state whereby
the public interests would be injured by
following the course heretofore adhered
to by the Councils of which they have
been members.
If they have good reasons for their
extraordinary action, they are known
only to themselves.
With tho above statement the under
signed leave it to their fellow citizens to
draw their own conclusions regarding
the course pursued by tho members from
the first ward.
LEON JAsTREMskl, Mayor.
X. II. BURKE,