Rapides gazette. (Alexandria, La.) 1869-187?, 1873-05-27


such offense providing that ifany public
officer shall adhere to or recognise any
usurper, his office shall be forfeited and
considered abandoned, and directing and
regulating legal proceedings to have such
abandonment and forfeiture declared
authorizing the Governor to declare such
forfeiture and abandonment in certain
cases, and to remove snch officers and to
fill the vacancies SO made, by appoint
ment'
SECTION l. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly conven-
ed, That if any person shall assume or per-
tend to be an officer ofthe State, executive,
judicial, or legislative, without authority
of an election declared by the returning
board constituted by law, or without au-
! thority of n commission from the Governor
of the State, in case the law require such
officer to be commissioned, such person so
| Illegally assuming or pretending to be
public officer shall be deemed usurper. II
any such usurper shall attempt to exercise
The functions of public officer, or shall. in
| terfere with any public officer in the dis
charge of his duties, such usurper so inter-
fering shall be deemed to be guilty OF a
crime, and upon conviction may be fined
or imprisoned at the discretion OF the court,
or both.
SEC. 3. Be it further enacted, ETC., That
| if any public officer, whether State, parish
or municipal, shall give adhesion to, or in
any manner recognize the authority of any
person who may be usurpiug public Office
| within contemplation OF this law, such pub
lie officer so giving adhesion TO or recogniz-
ing such usurper shall be deemed to have
forfeited and abandoned the public Office
held by him under the constitution, the
laws and the government of the State.
SEC. 3. Be it further enacted, ETC., That
whenever the Governor of the State shall
be informed that any public officer has for
feited and abandoned his Office by giving
adhesion to or recognizing any usurper
within the contemplation of this law he,
the Governor may, in case such Office is es-
tablished by the constitution, direct that
the Attorney General or the District Attor-
ney shall take legal proceedings before the
court OF competent jurisdiction to have
such forfeiture and abandonment declared.
Tie proceedings in such case shall be sum
mary and shall be had by rule of which the
officer so charged with having abandoned
his Office shall have notice of one full day
The court shall at once hear and determine
such rule. If an appeal shall be taken by
Viz hbotD VI W thC par tVouSh
proceedings, it shall be made returnable
. within ten days, and shall be heard by pre-
, ference by the Supreme Court AS in case Of
] contest for judicial Office.
SEC. a. Be it further enacted, ETC., Thai
r whenever the court of competent jurisdic
ton shall declare that any public officer
r whose Office is established by the constitu
. ton, has abandoned and forfeited his office
$ within contemplation of this act, and fol
the cause herein given, the Governor shall
T ill such Office by appointment under tn,
laws providing for filling vacancies in pub
: lie offices.
9 SEC. 5. Be it further enacted, etc. Tha
: whenever the Governor shall ascertain tha
any public officer, whose Office is establish
Q ed by an act of the Legislature, has givel
: adhesion TO or recognized the authority o
any usurper within contemplation of thi
act, he, the said Governor, may declare tina
e such officer has forfeited and abandone'
his Office under the constitution, laws an,
government of the State, and be, the Gov
n ernor. NAV fill the vacancy in said Office b.
appointment under the provisions of tn
! constitution and laws regulating appoint
c ments to fill vacancies.
SEC. 6. Be it further enacted, etc., Tha
i all laws or parts of laws conflicting wit
l. this act shall be and are hereby repealed s
far as they conflict, and this act shall tax
u effect from and after its passage.
Il [Signed1 CHARLES w. LOWELL,
Speaker of the House Of Representatives.
ISigned1 c. C. ANTOINE,
I. Lieute nant Governor and President of til
Senate.
I. Approved March S, 1873.
ISigned1 WILLIAM p. KELLOGG,
Governor of the State of Louisiana.
, true copy:
p. G.. DEsLoNDE,
10 Secretary of State.