State ex rel. Conrad v. Mayor of New Orleans

Citations

• 52 La. Ann. 1604

Syllabus

<p>Syllabus.</p> <p>1. Article 319 of the Constitution contemplates that the electors of the City of New Orleans shall choose the officers charged with the exercise of the police power, and with the administration of the affairs of said city, in whole or in part (subject only to such exceptions as may be found in the Constitution itself), when vacancies occur, as well as at other times, and Section 73 of Act 45 of 1896, the operation and effective force of which was, at that time suspended, “ceased” entirely, upon the adoption of the higher law, by reason of its antagonism thereto, and never, thereafter, took effect, so that Section 56 of Act 20 of 1882 remained unrepealed, and is the present law providing the mode of filling vacancies in the Council of New Orleans.</p> <p>2. A mandamus will lie to the Mayor and Council to compel the ordering of an election to fill a vacancy in the Council as provided by said section.</p>