The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1900-03-24
of purely ministerial officer to per-
form a purely ministerial act.

OF a purely mlnlsterlas oWceF 70 per
form purely ministerial act.
Not only do | believe this TO be a
sound position 10 law, but / am the
better satisfied rs to the correctness Of
NV conclusion because it seems to me
to more nearly carry out she party will
than any other. The people Of the dis
trict had. at the primary election of
Dec. 8, intrusted the conduct OF the
present campaign to a new committees.
| The filing of vacancies on the ticket
has usually been considered one of the
duties Entrusted to the executive conn.,
mittee conducting campaign. and
under the conclusion which | have
reached the customary result is at.
! tanned.
This leads to the CONCLUSION that
Messrs. Murphy, Evans and Montgom-
cry bad a right. on and after the 9th Of
January. 1900, 10 name the new ex-
ecuiive com mittec.
Did the death Of Judge Montgomery
destroy the power of the other two to
act? think not.
Mr.. Kruttsckniit here cites auibori.
lies to show that the death Of one ot
the euccsssful csndidaiee does not de-
prize tho survivors Of the right TO act,
especially under q previous agreemen,
lie says:
Chief Justice Shaw, in Williams We
school district, 81 Pickering, 70 sa,s;
| .Whcre body or board Of officers il
constituted by law Ia perform . trusl
for the public, or 10 execute power
or perform duty prescribed by law
Ii' 10 not necessary that all should con.
cur in The act done. The act OF The
majority 10 the act Of the body"
/
The court ofappeals in New York
In people vs.. Palmer, 81 N. Y, SO 81
SAYS:
"a grant of power, ia the nature oil
a public Office Ia several, does not be.
come void upon the death or disability
OF one or more Snch a grant OF power
is mol in the nature OF private fran
chise which, when granted to Two
without words al survivorship, might
not, by the rules OF The common law
survive the death Of one. But the
policy OF the law is 10 guard against
the failure of a pubic service
By death or disqualification Of por.
ton Of the commission the number oi
its members is red1crd and all do
meet when all who are living and
qualified 10 ac, come together"
That both parties TO ,his coniro-
vcrsy h We been actua'ed bs the pur.
est motives, aud from deep convic
ton of Tho rightfulness OF their re.
speciive contentious il clear Id me, and
and is fully attesied by the equal iii.
vision Of opinion in the committee OF
disin,eresied Democrats to whom tbii
case was submitted. and by whom il
has been referred Ia me Tha, equa'
division Of opinion has added TO .he
senss OF responsibility which should
affec, anyone constituted The sole aud
friendly arbiIer of a cause az import.
ant as his one H. The necessity CT an
immediate decision, by reason of The
approaching expiration of The delay
within which tho certificate Of noni-
iHs,ion must he filed IA, Baton Rouge
has prevented me from deroiiUg a.
much time TO the consideration If the
case As l should have desired | fell
il, however, tn be . duty to the party
aud TO the Democrats Of the disirici
affected, whose party loyalty has never
swervrd under any strain, however
severe, TO accept the trus, Imposed
upon me bv them, aud 10 lend nv best
Efforts Ia he besliug OF Their part,
diff. rences
From all that preccdes, l Conclude
ths, Messrs Murphy aud Evans had The
right Ia name new executive com-
mi,tee when they did name that erm-
! miiiee; that that committee was The
democratic executive committee a.
The Ninth judicial district on and
after the 18Th day Of January, 1900,
| " hen il was named. aud that Mr.. + x.
Ranstie!l, holding title under the cleo
lion held pursuant TO the call of said
committee, is the Democratic n"mi"ee
for judge OF The Ninth judicial dis
iric'. Very Respectfully, ,ours,
E b. KRUrTSt HNIrT.
1