Watson v. McGrath

Citations

• 111 La. 1097
• 36 So. 204
• 1904 La. LEXIS 603

Syllabus

<p>CITY TREASURER—-APPOINTMENT TO PIEL VACANCY—INJUNCTION—OPPICER DE PACTO.</p> <p>1. If the Legislature has power under the Constitution to provide for the temporary, but not for the permanent, filling of a vacancy in a municipal office by appointment by the mayor, and the only provision it makes is for the permanent filling- of the vacancy, arid it appears, however, that the clear intention was that the mayor's appointee should have charge of the office, this intention will be given effect to the extent of its constitutionality; that is to say, to the extent of authorizing the mayor’s appointee to have charge of the office ad interim.</p> <p>2. A statute may be constitutional only in part, or with regard to certain persons or things, or up to a certain point of its operation, and in other respects unconstitutional. The rule is to let it have operation within the scope of its constitutionality, if the legislative intent to that effect is clear and unmistakable.</p> <p>3. It does not suffice for plaintiff in injunction to- show absence of right iu the defendant. He must show right in himself.</p> <p>4. An officer may be an officer de facto notwithstanding the unconstitutionality of the statute under which he has been appointed.</p> <p>(Syllabus by the Oourt.)</p>