The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-25
mo. SOL

| AN ACT TO ASCERTAIN THE ELIGIBILITY OF PER.
SONS ELECTED OR APPOINTED TO OFFICE AND
TO DECLARE OFFICES VACANT, WHEN THE Per-
SONS ELECTED OR APPOINTED ARE INELIGIBLE,
AND PROVIDING How SUCH VACANCIES SHALL
BE FILLED, AND PRESCRIBING A PENALTY For
FALSELY TAKING THE OATH REQUIRED BY THIS
ACT, AND ALSO PENALTY FOR REFUSING TO
GIVE UP THE BOOKS, PAPERS, ARCHIVES AND
PROPERTY OF SUCH OFFICES TO THE PERSON
ELECTED OR APPOINTED TO FILL THE vACAN-
CIEs, AND FOR oBsTRUCTING OR RESISTING THE
OFFICER APPOINTED TO FILL THE VACANCY.
SECTION l. Be IL enacted by The Senate and
House Of Representatives Of the State of Louisi-
ana IN General Assembly conuened, That before
any person. elected or appointed 10 any office,
State, parish or municipal, in this State, shall be
commissioned by the governor, with view of
testing the eligibility of any such person to hold
the Office to which he has been elected or sp-
| pointed } such person so elected or appointed
| shall take and subscribe the oath or affirmation
prescribed in the third section of this act.
SEC. 2. Be IL further enacted etc., That before
| any person who has been elected or appointed to
any State parish or municipal Office in this State,
which does not require the issuance Of a commits
sion by the governor, shall be sworn into Office,
or enter upon the dtchsrge Of the duties OF any
such Office, with the view to ascertain the eigb-
ty of such persons to hold Office, such person
shall take and subscribe the oath or Affirmation
prescribed in the third section of this act.
SEC. 3. BE Il further enacted, ETC., That the
oath required TO be taken by parties referred to
lows: -..t.
l, A. B., do solemnly swear Tor affirm, as the
case may be-, that have not been convicted of
treason, perjury, forgery, bribery or other crime
punishable in the penitentiary that did not hold
ofhce. civil or military, for one year or MORE IN
der the organization styled the " Confederate
States of America ~ that did not register nv
self as an enemy of the United States that did
not act as leader of guerilla bands during the
late rebellion that in the advocacy of treason
did not write or publish newspaper articles, or
preach sermons during the late rebellion, aud that
did not vote for and sign an ordinance of seces-
If the person has relieved himself from the dis
ability of holding Office by voluntarily writing and
signing certificate setting forth that he acknowl-
edges the late rebellion to have been morally and
politically wrong, and that he regrets any aid and
comfort he may have given II, and shall have fled
certificate in the Office of the secretary OF state
and it shall have been published in the off cai
journal Of the State, as required by article ninety.
nine OF the Constitution, such party, on proof of
such fact, shall be relieved from taking the above
oath. D..
But If such person, elected or appointed to office,
claims his disabilities have been removed by his
having complied with the requirements of the
prOviso to ninety article of the Constitution
of 1865. he shall then be required to take the
following oath:
l, A. B., do solemnly swear Tor affirm, as the
may be- that prior to the first dsy of Janua-
ry, eighteen hundred and sixty did favor
the execution of the laws Of the United States,
popularity known as the Reconstruction acts of
Congress, and openly and actively assisted the
loyal men of the State 10 their efforts to restore
Louisiana to her position in the Union.
And that when any person is required to take
either of the above adavits 10 test his eligibility
to Office, he must take in addition the folio wing
oath: . --..H.. --. -.... r -
That never engaged in any instruction or
rebellion sgaipst the United States, or gave aid
and comfort TO the enemies thereof after having
taken an oath as member of Congress, or as an
officer of the United States or as member of
any State legislature, or as an executive or Judi
cial officer of any State, to support the Conslitu.
ton Of the United States
That II any person within the exclusion of the
third section of the fourteenth amendment to the
Constitution of the United States who shall have
been relieved from the disabilities herein con
tanned by an act of Congress, shall be elected or
appointed to any office, either State, parish, or
municipal, in this State in lieu of the second
clause of the oath prescribed in this section of
this act said person shall take and subscribe the
following oath
"And / de further solemnly swear that have
been relieved from the disabilities contained 10
the third section of said fourteenth amendment
to the Constitution of the United States"
SEC. 4. Be Il further enacted etc.. That the
affidavit prescribed to be taken in section three of
this act may be taken, sworn to, and subscribed
before any person legally authorized to admins
ter oaths in any parish in this State, and the same
shall be filed in the secretary Of states Office
for this State, within thirty days from the closing
of the election at which he may have been elected
or from the date of his appointment, if appointed.
And If said affidavit be not taken and filed in the
secretary of states Office within said thirty days
the person so elected or appointed shall be
deemed ineligible to such Office and the Office
deemed vacant, then such Office shall be held to
be vacant, and shall be filed as the constitution
or laws may provide for such vacancies.
SIC. 5. Be IL further enacted etc., That il any
person shall falsely and couptly take the oath or
oaths, in either OF the clauses in section three of
this act, such person shall, on conviction thereof
be imprisoned at hard labor in the psnitentary of
this State for term of not less than i've, nor
more than ten years.
SIC. G. BE 4 further enacted, etc., That tax.
ing the oath prescribed in section three of this
act and tie issuance of the commission in con.
sequence thereof, and the taking the consttu.
tiOnal oath Of Office, and entering upon the dis.
charge OF the duties of any office, shall not pre-.
vent any person from coniesting any such party's
rieht to such office on the ground of his insgi
oility, or for any other legal or sufficient rea
SOD, by the contesting party pursuing the forms
and requirements Of law.
SEC. Z. Be at further enacted, etc., That in
case commissions have been issued to any person
or persons elected or appointed to Office before
the passage of this act, or if any person has
been sworn in, or entered on the discharge of
the duties of any Office which does not REQUIRE a
commission, al such persons shall take the oath
required by section three of this act, and file the
came IN the Office Of the secretary of state with.
in thirty days after the PRONUNCIATION of this act,
and in the event of their failing 80 10 do, the
governor shall declare such persons ineligible TO
ONCE and their Offices vacant, and the Offices
shall be filed as prescribed By the Constitution
and laws Of the State.
SEC. S. Be Il further enacted. ETC., That if |
any person elected or appointed to any office,
State, parish OF municipal, 10 this State and who
Is required TO attest his eligibility to Office accord
ing TO the requirements of this act, shall pre-. |
sumo to discharge or attempt 10 discharge the |
duties Of sBy such Office after the expiration of
the time required by this act within which to file
bis affidavit in the Office Of the secretary Of state,
al his pretended official acts from that date shall
be void; and if his Office Is in whole or in part
.alarinl &c nd LA irkt LII =. L