Louisiana capitolian., 1880-06-26
LETTER FROM NEW ORLEANS.
Editor Capitolian

Permit me to call your attention to u
most important question, which has re-
Gently been argued before our present
Supreme Court. Judge Rodgers has de-
cided in one ofour city Courts that the
appointments made by Governor Wilt
are unconstitutional, because they were
not submitted, as required, to the Sen.
ate, and consequently were not nlade"by
and with the advice Of the Senate"
Therefore, this learned Judge refused to
direct that they (thcsc new appontecs)
were entitled to displace the present in
cumbcnts, their appointments being
deemed constitutionally defective.
On precisely the same issue presented,
Judge Houston, in another OF our City
Courts has taken IN opposite view. He
decides that the commissions signed by
Coy. Wilt, and in the possession of
these new appointccs, entities them to
the several Offices to which they were
thus appointed, and orders accordingly.
Let us examine our constitution and
study this question now under consider
alton by our present Supreme Court. TO
one who has watched the rulings of this
Court it is very plain that this issue has
so far been lodged by them. Several
such cases have already come up before
the highest Court of our State but the
Court has succeeded in making dcc-
sion by sort of flank movement, which
has enabled them to escape giving an
opinion on the merits Of such eases.
Now, however, the issue appears to
have been too squarcly presented for
further public evasion.
Our constitution speaks thus unmiS-
takably upon this point:
cart Gs. He (rcfcring to the Govern
orr shall nominate, and by and with the
advice and consent of the Senate, APP
point all officers whose Offices are cStab-
lishcd by this constitution, and whose
appointments or elections are not herein
otherwise provided for; provided, how
ever, that the General Assembly shall
have the right to prescribe the mode Of
appointment or election to all Offices
created by it,"
cart. 60. The Governor shall have the
power to fiji vacancies that may happen
during the recess Of the Senate, in cases
not otherwise provided for in this con
s.itution, by granting commissions
whc. shall expire at the end Of the next
session; but no person who has been
nominated for office and rejected shall
bc appointed to the same office during
the recess Of the person appointed for
office. as herein provided, shall be cqui-
yalcnt to rejection"
If tho Supreme Court do not div6 into
the far distant past and rcsurrcct there
from some mouldy decision and inter
p,ct the same into precedent for set
tim. aside the requirements of our exist
ing organic law, the decision of Judge
Rodgers must be sustained.
In the bulk of his appointments, the
Governor has made u clear and palpablc
"Eailurc" "to send into the Senate the
name Of any person appointed for Office
as herein provided and hence all such
appointments stand under u c0nstitu-
tional inhibition, and against all such
we find written in our existing organic
law that they "shall be equivalent to n
rejection"
Now this same constitution directs and
commands that 'no person who has
been nominated for Office and rejected
shall be appointed to the same Office
during the recess of the Senate
The important question naturally
comes up, can a rejected nominee be
again nominated to the same Office.
Granted that an extra session of the
Legislature were called, could these
nominations which are equivalent to
II rejection be re.nominated by the
Governor to the Offices they arc now at
tempting to occupy
Certainly, all appointecs who stand
equivalent to rejection" are powcrlcss
to assess property, to collect taxes or to
perform any other official act known to
our constitution or laws; because such
appolntees exist nnder constitutional
prohibition, and, therefore, can perform
no legal or binding act. II, in the face
Of these facts, the Supreme Court, shall
decide in favor of these unconstitutional
appontees, then tho mutilation Of our
present constitution will be about com.
plete, and the e'peoplc may well exclaim:
"lf these (meaning the new Supreme
Court) be our friends, who then are our
enemies I" Undaunted by such an un.
expected act from one Of their own crca-
lures, the people would have to come
together again in constitutional conven-
ton and frame new organic law, and
in so doing, they would, to safeguard it