The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1889-05-02
Constitutional Question.

most of car readers We publish the
opinion and judgments of the Court
in the eases decided at our recent
term, and also append Articles of
Constitution commented on
The following is the opinion Of
Judge Boone decTeeing the uneon,
atitntionality of Act 3S, of 1888:
". J. MoBLEY, ct ais,
POLICE JURY OF BossIER PARISH,
ct ais.
No. 1892. Bossier District Court,
louisiana.
This suit is bgeught for che par-
pose of testing che constitutionality
Of Act No. 80, of 1888, entitled Gan
Act changing the Parish Seat of
Bossier Parish" &C., and said Act
is directly attacked as being in vic
Iation Of several Articles of the Con-
atitation of the State-*Articles 46,
AZ, as, 30, % and $50.
The chief contention of plaintiffs
seems to be that said Article 80 be.
ing special law for the changing of
the Parish Site of the Parish of
Booster, intended to be passed I'M
der Article $50, violates Articles 46,
a and 48; in ordering elections un-
der a special election law enacted by
said Act; aud that said Act is not
under its plain provisions submitted
to the electors of the parish of Bos.
sier for their ratification or rejec.
zion, sc.
tits commended by defendants that
said Act is constitutional; that it
does not repeal the general election
laws Of the State; that all Acts
passed by the Legislature since the
adoption Of the Constitution of 1879
contain provisions in effect similar
to act 50, &C., &c.
Without attempting an elaborate
discussion Of the questions involved
IN this case, I submit that in my
opinion the clear idea conveyed in
Article $50 of the Constitution is
that in order to change a Parish Site
the legislative act authorizing such
change must FIRST be ratified by the
voters of the parish where such
change is to- be effected, at an cleo
ton to be held for that purpose un-
der the general election laws of the
State. That the Legislature has sc
held generally is apparent from the
fact that in almost, if not quite
every act passed by the Legislature
for that purpose since the adoption
Of the present Constitution has di
rected that such election shall b.
held under the general election law
ofthe State. Act 33, of 1883, is a.
exception to this rule, and provides
that said elections be held unde
the general election laws, &C., SO ia
30 not in conflict with said Act; an,
provides specially how said eleGtion
shall be held, returns canvasseG
result declared, &c., and provide
for no registration, &c. 1 am c
opinion that Act SO violates Articl
46, in providing for Especial electio
undsr q special election Law.
Article $50 provides that all law
changing parish seats shall be sui
mitted to the qualified voters fc
their ratification, at an election t
be held for that purpose. Act
provides for. three elections. On
70 take the sense of the voters {
tie Parish of Bossier for or againe
removal. Not for or against reu1oys
from Bellevue to Benton, or t
Haughtou, or to any other point
bat the sole question presented wal
Shall the Court house be removed
There were four or Eve places in til
parish, each wishing to have tn
Court hOuse, and by the submissio
above mentioned, tits natural tina
a. G-fn-Im e - = A. -