The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1869-06-19
JAMES G. HAYES }
vs.. :
.LiuI e.. Brooks. \
DISTRICT CoURT,
St. Landry,
No II Dti:,

the otii.c bV virtue OF his election by the
people, under the constitution Of 1865, and
his commission from TIE Governor, aud his
exercise OF the iunctlnnS of the Office, I'M
til the appointment and recognition OF the
defendent John ii. Brooks. The deiendan,
claims the office under the appointment of
the Governor, in consequence Of the failure
of the plaintiff to file in the Office # Sccrc-
tary of State, the oath kown as the n~ligi'nl-
iIy oath, being the third or las, oath pre-
>cri''cd iy third section of thc Act OF the
Legislature, Ito ascertain the eligibility of
persons elected OF appointed to oilice &c, "
promulgated Septelnbc. 1T, lots. See
Acts Of 1863, No 30, p. 46>
The plaintiff, in IN petition. flu tlcrmore
prays that the District Attorney pro. TEN.
be cited and ordered to join abe plaintiff in
the prosecution of this suit, under the pro
visions of the AT of the Legislature, No.
lJ6. But a. 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 deIen-
dant, thus complying substantially with
the provisions Of the Act No. 1856: it is
considered that the proper parties are be-
fore the Court, without further order.
The material facts of the petition are
admitted, but it is specially denied that the
plaintiff ever filed, as required by law, the
eligibility oath, without which his Office
became vacant. 1t is proved that this oath
never was filed.
. The plaintiffs counsel have. with learn
ing and ingenuity, assailcd the validity ard
constitutionality of the Eligibility Act No.
SO of the Acts of 1868; and have, morrow
or, contcnded that the Act, if valid, does
not require the plaintiff to take the Eligi-
bility oath. The issues, thus presented,
involve an examination of the Federal and
State Legislation on the subject, and the
true Interpretation of the Eligibility Act
No. 80.
The Act to provide for the more efficient
Government of the Rebel States" passed
March 2, 1869, (statutes p. 42s J, divided
the ten southern states, into five Military
Districts, under the command Of Generals,
to the military authority of the
United States. In this Act provision was
made for the adoption of State Constitu-
tons, and for the restoration of the States
to their connection with the Federal Union.
Louisiana was authorised, under this pro.
Visional military Government, to adopt
Constitution which should become
only on certain cond itions,
in the fifth section of the
Act. In reciting the qualifications of cleo
;ors and members, it is therein provided,
that no person excluded from the
of holding office by said proposed
14th) amendment to the constitution of the
United States, shall be eligible to election as
member Of the convention to frame a con-
for any of said rebel States, nor
hall any such person vote for members OF
UGH convention" Having fixed these
qualifications, it was required that the
constitution when framed by the conven-
ion, should be
l Ratified by the people,
2 Approved by Congress.
Under this law, Louisiana adopted and
atiied the Constitution of 1868, and elect.
d officers, who We're to enter upon the
of their duties, whenever the
should become operative by
he final approval and ratification of Con-
ress. These conditions, imposed by Con.
ress, were acquiesced in, and accepted by
he people of Louisiana, by their successive
.lections, for members of the Convention, to
the Constitution, and to elect officers.
he final approval and ratification of the
by Congress, thus became a
ondition precedent to the future vitality
I the instrument. And with this under
the Constitution was referred to
for its approval.
BY the Act "to admit the States of North
'arolina, South Carolina, Louisiana, &C.,"
assed June 18th, 1868, Congress provided
II the admission of Louisiana to represen-
'tion, and conditionally ratified her Con-
(Acts P. 80 The State, by its I
legislature, was required to ratify the i
amendment, as a condition pre-
edent, and tlereupon the officers elected {
I'd qualified, were to be inaugurated; but {
ection Sd, proceeds, mo person prohibit
! from holding Office under the United
Eates, by section. three of the proposed t
to the Constitution of the G
nited States, known as article fourteenth, i
be deemed eligible to any Office in
ther OF said States, unless relieved from t
as provided in said amendment" 0
by a vote Of t~ o-thirds of each branch
Congress. II
In order to carry out tEle provisions of r
is act, and to enable the State to adont a
u conditions ,rreonI H. r I,