The Bossier banner., 1891-10-29


dence of fraud. In the absence of
evidence of fraud, we must presume
that the Police Jury of Bossier did
its duty. They were authorized to
declare the result. They had judi
cial power of investigation to ascer-
tain it and to eliminate fraudulent
votes from the returns. In the ex-
ercise of this power we have no au-
thority to review their findings. The
Legislature invested them with it,
and it belongs to the political power
of the Government to rectify the
wrong, if any has been inflicted upon
the town of Haughton, or the inhab-
itants of Bossier.
It is therefore ordered, adiudged
and decreed, that the judgment ap-
pealed from be annulled and revers-
ed, and it is now ordered that the re-
lief prayed for by relator be denied,
and the mandamus proceedings be
dismissed with costs.
SYLLABUs.-Where, in the selection
of a Parish Seat the Police Jury is
authorized to ascertain the result of
the election, and make a mere in
formal statement of votes, a man.
damus will not issue to compel them
to take this informal statement as
the true result of the election.
This would be divesting them of a
judicial discretion devolving upon
them by Legislative act.
After this informal statement, the
Police Jury afterwards complies the
vote and declares the result, it will
be presumed they did their duty
The disregarding and setting aside
of the informal statement is not in
itself evidence of fraud. The Police
Jury being authorized to declare the
result of the election, it is vested
with the power to investigate and to
eliminate fraud, and this Court, in
the absence of Legislative authority,
has no power to review the findings
of the Police Jury.
A. LATTER ct al, VS.. w. NJ.
AbDey, President of the Police Jury
ct al. Appeal from the 2nd Judi
cial District Court, for the Parish
of BosSipr, No. 299.
Mr.. Justice j. A. Breaux deliver
ed the opinion and Decree of the
Court, which Decree is in words and
figures following to wit: Plaintiffs
allege that they are tax payers of
BoSsier parish in which they reside
and own property, and, as such
have a common interest exceeding
two thousand dollars in preventing
the illegal expenditure by the Pc
lice Jury of the money of the Parish
in building a Jail.
They also aver that the town of
Benton is not the Parish seat of
BOssier Parish, but is the temporary
place for holding Court, pending a
Mitigation to determine where the
Parish site shall be, and that pre-
vision has been made for the safe
keeping of prisoners during the
pendency OF the suit
They also allege, that under Act
81 of 1888, an election was held, to
determine the location of the Parish
seat, but that the Police Jury has
failed to make legal compilation of
the returns, and to promulgate
the result.
The allege that the proceedings
of the Police Jury favoring the rec
Ognition of Benton as the Parish
site are illegal and null, and they
supplement the issues presented by
a astatement of the facts involved
in the mandamus suit of Davis,
Mayor VS.. Police Jury, decided dur
ing the present term of this Court.
They injoined the Police jury
and the Pauly Jail Building aud
Manufacturing Company from en-
terlng into, executing or carrying
out contract for the construction
of Jail at Benton to cost 81, $4,000.
The defendants admit that the
Police Jury has made contract for
the construction of Jail, as alleged.
They allege that Benton is the Par
ish seat.
The District Judge granted the
order for writs of injunction to issue
as payed for.
The defendants filed a motion to
dissolve the Injunction on bond.-
An order was entered refusing mo-
ton to bond. Defendants appealed,
plaintiffs move to dismiss the an
peal on the grounds that the order
OF refusal to permit the defendent
to bond was not signed, aud that it
will not cause irreparable injury.
1t is not necessary that an inter
locntory judgment be signed to be
appealed from when they cause ire
parable injury.
klotz vs.. Macready, 20 An. 596.
The Court judicially notices prior
DEGREES and evidence pettinent to
tue issue in a pending case. Mower