Skip to Main Content

A Brief History of the Recorder's Courts of New Orleans: 1908

1908

cover, City charter as amendedNew Orleans (La.), . (1908). City charter as amended: List of city officers. Members of City Council, its committees and street rail road franchise obligations relative to street paving, etc. ... [New Orleans: Dugazon Press.

Compiled by T. W. Campbell, clerk of Council.

Copy via link to HathiTrust: http://hdl.handle.net/2027/mdp.39015007002762

Sec. 68 (as amended by Act 84 of 1898). Recorders' There shall be four police courts in the jurisdiction, city of New Orleans to be known as the First, Second, Third and Fourth Recorder's Courts. The First Recorder's Court shall Fixing their have jurisdiction over that territory known as the First and Fourth Municipal Districts; the Second Recorder's Court over the Second and Third Municipal Districts, and the Third Recorder's Court over the Fifth Municipal District.

Sec 69 (as amended by Act 112 of 1900). The Recorders shall be elected by the qualified electors of the city of New Orleans at large at the same time as the Mayor and other Municipal officers. They shall be qualified electors, at least twenty-five years old, and shall be residents of the districts over which they have jurisdiction. The First and Second Recorders shall each receive a salary of two thousand five hundred dollars per annum, and shall be allowed each, one chief clerk at twelve hundred dollars a year, one bond clerk at one thousand dollars a year, one affidavit clerk at one thousand dollars a year, one testimony clerk, who shall be a competent stenographer, at fifteen hundred dollars per year, and one porter at six hundred dollars per year. The Third Recorder shall receive a salary of eighteen hundred dollars a year and shall be allowed one clerk at twelve hundred dollars per year, who shall be a competent stenographer, and shall act as testimony clerk, and one porter at six hundred dollars per year. The Fourth Recorder shall receive a salary of eighteen hundred dollars ($1,800.00) per year and shall be allowed one clerk at one thousand dollars ($1,000.00) per year, who shall be a competent stenographer and shall act as testimony clerk, and one porter at four hundred dollars ($400.00) per year. Said clerks and porters shall be appointed by the Recorders and removed by them at pleasure.

Sec. 70 (as amended by Act 84 of 1898).
In all appealable cases the testimony shall be taken down verbatim, but the stenographic notes need not be written out unless an appeal be taken, in which case the testimony shall be written ont and signed by the Recorder, and by him forwarded with the record of the appelate court. No appeals shall be allowed except when taken on the day of the sentence, and in all appeals the procedure shall be as nearly as possible the same as in cases of appeal from the City Criminal courts.

(46 South. 911.)
No. 16,967.
CITY OF NEW ORLEANS v. CHAROULEAU.
(June 22, 1908. Rehearing Denied June 30, 1908.)
1. Power "to maintain the city's cleanliness and health, and to this end to regulate the location of, and the inspection and cleaning of, dairies, * * * and to adopt such ordinances and regulations as shall be necessary or expedient for 'the protection of health and to prevent the spread of disease," is a plenary delegation of police power in connection with the police of dairies, and invests the city council with all the authority which the state itself is possessed of to require dairy cows in a large city to be inspected, and, if found to be affected with tuberculosis. to be destroyed, without compensation to the owner.

2. It being shown that tuberculosis in a cow may be ascertained by a practically infallible test, and it being further shown that the presence of a cow so affected in a dairy in a city is a serious menace to the public health, the public authorities have the same right to require the destruction of such cow without compensation to the owner and without judicial inquiry as they have to require the destruction of decayed fish, meats, and vegetables.

3. The city council may exercise its police power through the agency of boards or inspectors.

121 La. 890