Rapides gazette. (Alexandria, La.) 1869-187?, 1872-12-14
S,y,re,zse Court Decisi0sis- George
IL. Boree Declared 10 De Secres0-
RAJ of Ssafs-O Opinion Of .Ssssfiee
EinsrpfX

SsTpressse (Oxrf DeCtSt0sfS-gs george
IL. Koree Declared TO De SecvesG-
ry of Sf0ts-Opilis0's or Sfssfsee
EaOaCeil
This tribunal was in session yester-
day, and the following decision were
read
State ex rel. George e. Bovee VS.. L.
j. Herron-Appeal from the Eight Dis
trict Court, parish OF Orleans.-On the
twenty-ninth of August, 1871, the
Governor suspended George Il. BOvee
from the Office of Secretary of State,
for alleged malleasance i'll Office, and
appointed i. j. Heron to discharge
the duties thereof, IN the language OF
the order of suspension, ''until the
Legislature shall act upon the subject
in accordance with the constitution
On the sixteenth of February, 1872,
he presented specific charges against
said Bovee to the Legislature, conven-
ed OH the first of January preceding,
and requested that if the charges be
sustained Boyee be impeached, and
the matter was referred to a special
committee. who after hearing the wit
nesses Oh both sides, made "a report Oh
the last day of the session of an indeii-
mite character, upon which no action
appears to have been taken by the
General Assembly.
Soon after the adjournment, Bovee
instituted this proceeding, under the
intrusion act. stating as his cause
of action that the suspension only
operated until the Legislature should
act on the subject, and not having
done so he was entitled to the Office.
From ajudgment against him he
has appealed.
We find, annexed to the record, a
motion to dismiss the appeal, "on the
ground that it is not made returna6le
according to law There is no intima-
ton in what respect it is not made ac-
cording to law, and we can discover
no irregularity upon which the motion
can be maintained, and it is therefore
, denied.
. We find also in the record the plea
/ of res judicata by defendant to the de-
mand in the usual form, that the same
matter has been determined, in for
} mer suit between the same parties, in
. favor of defendant, and the appeal
| therein dismissed, the judgment there
: by becoming final. The record of that
. suit is before us, and it shows the
{ cause of action to have been the want
of authority in the Governor TO slis-
+ pend the relator, which, however er-
: romeously, may be considered as def
nltely settled, adversely to the relator,
a as between the said parties. But the
: cause of action in this suit is differ
: ent one, and has acquired its force
!. since the institution OF the other, to-
: wit: that by its terms the order of sus
{ pension was operative, '!and until the
l. meeting and adjournment of the Gen
= eral Assembly Of the State then next
following the SUSPENSION and the
said General Assembly having ad
+ iourned and expired without having
impeached the relatOr, or in any man
. ner acted upon the matter, he was
% thereafter not subject to nor affected
:. by the suspension. The plea was pro
a perly Overruled.
/, On the merits the case is cleari,
q with the Telator as to need no argu
N ment.
r. Admitting that by sheer accident o.
Q neglect in taking the appeal in IN
2 former proceeding, the law of thi
r. case, as between these parties, snS
4 tains the suspension by the Goyerno
of an officer whose suspension in Sucl
, way neither the constitution nor an,
- statute has made provision nor givel
~ any sanction. 1t was to have eticc
o. only until the Legislature should hav
9 an opportunity 10 impeach him. TIL
q not having been done, he was unqaeS
% ti0nably entitled to resume the funC
= tons Of his Office, in this instance, i'm
N mediately upon the adjournment O
% the Legislature, and his exclusion wa
!. an active arbitrary violation of his IL
r gal and constitutional rights as SecFe
# tary Of State for the remainder OF til
% term for which he was elected.
n 1t is therefore ordered that the jude
q. ment appealed from he reversed, an
that there be Judgment declarin
+ George Z. Bovee Secretary of Stat
3 under the constitution and laws {
IS Louisiana, and that he be Forthwith
= restored to the fnll possession of sal
10 Office, with all the books. papers, a
a chives, seal, furniture, ETC., belon9in
ID or appertaining thereto, and to the III
IN disturbed exercise of all the dutit
n. thereof, with costs in both courts.
d n,.,,.-.-n
N A Thrilling Romance.