State ex rel. Whitaker v. Adams
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. Rightor, J. When a Constitution provides for the qualification of certain officers, for their removal for certain causes, by certain authorities, and in a certain way, a Legislature is incompetent to prescribe, as to those same officers, for different qualifications, different causes of removal, different authorities or different ways. It can neither add nor take from the constitutional provisions on those subjects.
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APPEAL from the Oivil District Court, Parish of Orleans. Rightor, J. When a Constitution provides for the qualification of certain officers, for their removal for certain causes, by certain authorities, and in a certain way, a Legislature is incompetent to prescribe, as to those same officers, for different qualifications, different causes of removal, different authorities or different ways. It can neither add nor take from the constitutional provisions on those subjects. State ea; rel. Downes vs. Towne, 21 An. 490; State ea; rel. Robinson vs. Dranguet, 23 An. 784; State ea; rel. Koppel vs.…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The question submitted to us for decision is whether, whilst the recorder of the First Recorder’s Court of the city of New Orleans is present, able and willing to perform the duties of his office, he can be suspended from exercising his functions and temporarily replaced by the recorder pro tem., through an order of suspension from the mayor of the city, this order being grounded upon the pendency of impeachment proceedings before the City Council directed against the recorder.
Defendants invoke, in favor of the affirmative of this…
2Cited by3 opinions
- State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
- State ex rel. Bourg v. MarreroSupreme Court of Louisiana · 1913
- Sherry v. LumpkinSupreme Court of Virginia · 1920