The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1869-06-26
DECISION OFyUDGE PORyE3s

JOHN G. Vi Brooks. No. il,oc5.
The object of this suit is to determin
who is the Sheriff of the parish of st. Ian
dry. The plaintiff James G. Hayes, claim
the office by virtue of his election by th
Dconlc. under the Constitution Of 1868, ant
his commission from the Governor, and hi
exercise of the functions of the offHe, un
til the appointment and recognition of th'
dcfendcnt John G. Brooks. The defendan
claims the office under the appointment 0
the Governor, in consequence of the failure
of the plaintiff to file in thcSdice Of secre
tary of State, the oath kown as the cllGibll
ity oath, being the third or last oath pre-
scribed by third section Of the Act Of the
Legislature, ito ascertain the eligibility OF
persons elected Or appointed to Office &C,
promulgated September 1st, 1868. { See
Acts Of 1868, No 80, p. 46)
The plaintiff, in his petition, furI Iermorc
rrays that the District Attorney pro. tenn
be cited and ordered to join 4he plaintiff in
the prosecution of this suit, under the pro
visions of the Act of the Legislature, No.
a5G. But as the defendant does not com
plain of the form Of the action; and as the
District Attorney in his official capacity,
has, by his answer become a party, ee'en-
iant th4s complying sabstanti lly with
the provi lions of the Act No. 1856: it. is
considered that the proper parties are be-
fore >te Court, without further order.
The material facts Of the petition are
admitted, bA it is specially denied that The
plaintiff ever filed, as required by law, the
eligibility 9th, without which his Office
became vacant. 1t is proved that this oath
never was filed.
The plaintiffs counsel haze, with lrorn
ing and s"nuity, assailed the v&ldi il. Il
constitutionaI;I, nf the Elig!hliy Act 80.
80 of the Act< of l;:,j.>: a'a;-,:.r> mo"co"-
er, contend 4 IL: he Yet, il valid, does
not require the l.loi";;iiif to t"Aa TIC Ehsi-
bility cath. The issues, thu$ presented,
involve an examination c5 the Federal and
State Legislation sn the subject. AND the
true Interpretation of the Eligibility Act
No. 50.
The "Act to provide for the more efficient
Government of the Rebel States" passed
March 2, 1869, (statutcs p. 4s8), divided
the ten southern states, into five Military
Districts, under the command of Generals,
subject to the military authority of the
United States In this Act provision was
made for the adoption of State Constitu
tions, and for the restoration Of the States
TO their connection with the Fedora Union.
Louisiana was authorised, under this pro.
oisien&l military Government, to adopt
q Constitution which should become
operative only on certain cond itiors,
specified in the fifth section of the
Act. In reciting the qualifications Of elec
tors and members, it is therein provided,
that no person excluded from the
privilege of holding office by said proposed
ll4th) amendment, to the constitution of the
United States, shall be eligible to election as
a member of the convention to frame con-
stitttion for any Of said rebel States, nor
shall any such person vote for members of
such convention" Having fixed these
qualifications, it was required that the
constitution when framed by the conven-
ton, should be - ~.@ '.'''..'
/ Ratified by the people, f..
Approved by Congress.
i Under this law, Louisiana adopted and
ratified the Constitution of 1885, and elect
ed officers, who were to enter upon the
discharge of their duties, whenever the
constitution should become operative by
the final approval and ratification Of Con-
gress. These conditions, imposed by Con
gress were acquiesced in, and accepted by
the people of Louisiana, by their successive
elections, for members of the Convention, to
ratify the Constitution, and to elect officers.
The final approval and ratification of the
Constitution by Congress, thus became a
condition precedent to the future vitality
of the instrunent. And with this under
standing the Constitution was referred tc