The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1889-11-21

Inc OQl9cG O1 Luis i4ttsS ntA0AAI ID W
enioin theexecution of Act No. 80, of
the General Assembly, approved June
%, 1883, entitled, can Act removing
the Parish seat of Bessier parish to
Che depot at Benton, Vanceville, AL
den's Bridge, Bossier City, Or Haugh-
ton, and providing for the submission
of this Act to the electors thereof for
ratification, in accordance with Article
$50 of the Constitution" The ground
of resistance is the alleged unconsti-
tutionality of the Act, which is charg-
ed to be violative of seven Articles of
the Constitution, The defence is
practically q general denial. The
District Judge declared the Act to be
unconstitutional and rendered iudg-
ment in. favor Of plaintiffs, and de-
PENDANTS appeal.
The following Articles are alleged
Sehe violated by the Statute in ques-
ton: Articles %, As, 80, 46, At, $50
and Article of the Bill of Rights !;
and we shall discuss them in the or
der herein presented.
The Act under consideration con-
tains eight sections. The first section
purports to, remove the parish seat
from its present location to one of
ave designated places the second
section directs the police Jury to or
der an election for the ratification or
rejection of the Acts. the third sec
ton provides for the mode of election
and for the announcement of the re-
suit; and it direets, in case ofratifca-
ton, that an election be held for the
selection of o new parish seat, out of
the fYadesiganted places : the fourth
section. is intended to give effect to
the election in case any place shall
receive majority of the votes cast +;
the fifth section provides for an cleo
ton betweenthe two points receiving
the greatest number of votes at the
second election, in case neither of the
Eve places had received majority of
the votes cast at theprevious election.
The sixth section provides for the
appointments Of commissioners of
election by the Police Jury, and
makes it the duty of that body to
proclaim the result of said election or
elections, in Eve days after holding
the same. The seventh section pro-
vides that no fees shall ba.allowed to
any Of the officers entrustedwith the
election or elections ordered in the
act, and directs that no revision of
registration shall be necessary for
the purposes of said elections. Sec
fion eight reads as follows: That the
election or elections herein provided
fnr shall be bald in pursuance of the
general election laws, in 30 far as they
are not in conflict with this Act, and
ct the polling places Row established
By law"
Z, 2 and z.
Counsel for plaintiffs offer no argu-
ment in support of his position touch.
ing the nullity of the Statute as af-
fected by Articles 30, 48 and l of the
Bill Of Rights of the Constitution
In his brief he in terms submits these
points without argument, and in his
oral argument he Candidly abandoned
eli three Hence we consider them
as eliminated from the discussion -
We need only TO add that after due
consideration of their respective pro-
visions, we find that neither of the
Articles in question has any injurious
effect in their application to the con-
tention involving the alleged uncon-
atitutionality of the act under inves-
LEGATION.
The Act embraces but one object,
and that is fully and clearly express
cd in its title.
Should ii be conceded that the Act
Is local or special Law, it cannot be
affected by Article 4S, for the simple
Eaason that its enaetmentis specially
authorized, if not required, by Art.
$50, and hence it cannot be subjected
TO the provisions of Article a.
planting & Manufacturing Company
vs.. Tax Collector, 80 Annual 458 and
authorities thereon cited).
As TO Article of the Bill of Rights,
no suggestion has been made either
N the pleadings or in argument of it's
bearing on the subject Of discussion,
and our imagination can suggest none.
3 and 5.
The points made under Articles 80
and ~ are germane, and hence they
may be discussed together.
Article 80 reads: mo law shall be
revived or amended by reference to
its title, but in such cases the Act
revived or section as amended shall
be re-enacted and published at
length" Article ~ provides: "The
General Assembly shall not indirectly
enact special or local laws by the par.
tial repeal of q general law; but laws
repeating local or special laws may be
passed"
The argument on this objection is
predicated mainly on the provisions
Of the eighth section of the Act,
which is hereinahove transcribed, and
nlao m 1hasa 4aqsavfrsr1r,c ~Nf Aha e4c Es,4,