LOUISIANA. 



397 



The Legislature adjourned early in March, 

 leaving several bills unsigned in the hands of 

 the Governor, some of which, appropriating 

 money to aid private enterprises, failed alto- 

 gether to become laws. 



Some difficulty occurred with regard to the 

 authority of the Governor to fill offices by ap- 

 pointment when vacancies happened, which 

 was probably not finally set at rest at the close 

 of the year, although several judicial decisions 

 had been rendered on the subject. The con- 

 stitution provides that "the General Assembly 

 may determine the mode of filling vacancies in 

 all offices for which provision is not made " in 

 that instrument itself. Accordingly, the Le- 

 gislature of 1868 passed an act to determine the 

 mode of filling such vacancies, the first section 

 of which is as follows : 



SEC. 1. Be it enacted, etc., That whenever a vacancy 

 occurs in any office, State, parish, or municipal, in 

 this StatCj or which may hereafter be created, from 

 death, resignation, or from any other cause whatever, 

 the mode of filling which is not provided for in the 

 constitution, all such vacancies shall be filled, if they 

 be State or parish officers, by appointment by the 

 Governor, with the advice and consent of the Senate, 

 which appointment shall be for the entire unexpired 

 term of such vacant office. If the Senate be not in 

 session at the time the appointment is made, the va- 

 cancy shall be filled by appointment by the Governor, 

 which appointment shall expire on the third Monday 

 after the next session of the General Assembly there- 

 after, unless the time for which the vacancy exists 

 expire sooner ; and if the time of such vacancy has 

 not then expired, it shall then be the duty of the Gov- 

 ernor to fill such unexpired vacancy by appointment, 

 by and with the consent of the Senate ; and, if it be a 

 municipal office, the vacancy must be filled by ap- 

 pointment by the Governor for the unexpired term 

 of the person whose office is so vacated. 



This the Governor construed as giving him 

 the power of appointment even when vacan- 

 cies occurred by the expiration of the term of 

 office. A new charter for Jefferson City had 

 been enacted in 1868, under which the Gov- 

 ernor was authorized to appoint a mayor and 

 council to act until an election should take 

 place, which was ordered to be held in January, 

 1869. The Governor neither made the appoint- 

 ment, nor caused the election to be held, and 

 the old mayor and common council continued 

 in office. In the month of May, however, Gov- 

 ernor "Warmouth, assuming that the municipal 

 offices of Jefferson City were vacant, appointed 

 Felix J. Leche mayor, at the same time naming 

 a full board of councilmen. The old officials 

 refused to give up their positions, and the new 

 board was installed by force on the 19th of May, 

 by the aid of the metropolitan police, which 

 also existed by appointment of the Governor. 

 This act was accompanied by some violent 

 demonstrations on the part of the citizens and 

 the police, but resulted in no serious disturb- 

 ance, it being agreed to leave the whole matter 

 to the decision of the courts. An action was 

 accordingly brought in the name of the State, 

 against John J.Kreider, the mayor of the city, 

 and the council associated with him. In the 

 mean time, by an order of the District Court, 



the old board of officials was restored, and the 

 metropolitan police enjoined from interfering 

 with their action. The decision of the Supreme 

 Court was rendered on the 30th of July, when 

 it was declared that the Governor had no power 

 of appointment in the premises, there being no 

 vacancy in the offices of the city government. 



A similar question came up in the city of 

 New Orleans. The term of office of one half 

 of the Common Council, known as the short- 

 term members, having expired, a special elec- 

 tion was held on the 19th of May to fill the 

 vacancies. The Governor, on the other hand, 

 held that under the law above quoted he had 

 the right to fill these vacancies by appoint- 

 ment, which he accordingly proceeded to do. 

 The old Board claimed that there were no 

 vacancies at all, as according to law they were 

 to hold their offices until their successors 

 were duly elected and qualified, and that could 

 not be until the next regular election. In this 

 three-sided form the case went before the 

 District Court. First, an injunction was grant- 

 ed by Judge Collens against the old Board, and 

 the "newly-elected" members were admitted 

 to seats in the Council. Subsequently an in- 

 junction was granted by Judge Leaumont, re- 

 straining the "newly-elected 1 ' members from 

 acting, and placing the " Governor's ap- 

 pointees " in possession ; and, finally, the Gov- 

 ernor's appointees were enjoined by Judge 

 Cooley, and the elected members restored. 

 This last injunction, however, was dissolved on 

 the 25th of December, and at the close of the 

 year the power of the Governor to fill such 

 vacancies as had occurred in the City Council 

 of New Orleans appeared to be sustained. 

 "Whether the matter would be allowed to rest 

 here, or not, remains to be seen. 



A bitter warfare was carried on throughout 

 the year between Governor "Warmouth and G. 

 M. Wickliffe, the Auditor of the State. The 

 Governor accused the latter official of extor- 

 tion and of corruption in the administration of 

 the office of Auditor, and had him arrested on 

 several specific charges. No less than fourteen 

 indictments were found against Wickliffe by 

 the grand jury. Pending the trial of these in- 

 dictments, the Governor suspended "Wickliffe 

 from the exercise of his functions as Auditor, 

 and appointed L. T. Delassise in his place, 

 using the power of the metropolitan police to 

 take possession of the office, and installed his 

 appointee. An injunction was sued out in the 

 Seventh District Court, prohibiting Delassise 

 from performing the duties of Auditor, on the 

 ground that the Governor had no power to 

 make the appointment, that officer being elected 

 by the people for a certain term not yet ex- 

 pired. A counter-injunction was granted by 

 Judge Leaumont, of the Fifth Judicial District, 

 restraining "Wickliffe from acting as Auditor, 

 and ordering Delassise to proceed with the 

 duties of that office. This involved a conflict 

 of jurisdiction, which was carried before the 

 Supreme Court, but, before any decision was 



