The Bossier banner., 1891-10-29
Supreme Court Decisions.

4A6ukutOus w. AuC CAASO Oo' "a
Bossier Parish, No. 297. Appeal from
the End Judicial District Court, for
tbeFarish of Bossier.
Mr.. Justice S. D. McEnery deliver
ed the opinion and decree of the
Court, which decree is in words and
figures following, to-wit:
Article 80; of 1888, authorized the
voters of the Parish of Bossier by
election to select parish site. The
claims of the several towns to be
recognized as the parish site, under
the election, held in pursuance of
said act, have been frequently before
this Court. The facts are fully re-
ported in the case of Woodruff ct al
VS.. Police Jury Al An. 851; Davis vs.
Police Jury 42 An. 968; Police Jury
vs.. Judge 43 An. 125.
Under the act 33 of 1888 the Po-
lice Jury was invested with power to
eTTYer the election, to appoint con-
missioners, to receive the returns and
DO ascertain and proclaim the result
Of the election. The President of
the Police Jury was required to issue
o proclamation declaring the place
that had been selected as the Parish
Seat.
On Nov. q, 1887, the Police Jury
made an informal statement of the
site, but no result was ascertained,
ss no compilation had been made as
was required by Act 38 of 1883. This
was so determined in the case of
Davis, Mayor, vs.. Police Jury, AZ An.
968, and Police Jury vs.. Judge 43
40. 125.
The present mandamus proceeding
is sequel to the suit of Davis VS..
Police Jury above referred to. The
petition for the mandamus recites the
proceedings of the Police Jury on
Nov. u, 1883, and alleges that the
table or list of voters as returned to
them, and received by them, did show,
as they, the Police Jury of Bossier
Parish, La, declared, on the 9th day
Of November, 1888, they ascertained
to be the vote as cast at the election
which was held on Nov. %, 1888.
The relator further alleges that
said table as made by the Police Jury,
the result of said election was in
favor of the town of Haughton, which
town is legally declared the Parish
Seat, and it is the duty of the Police
Jury of Bossier Parish under Act 33
Of 1883 to compile the returns as sent
In by the Commissioners as ascertain
cd and as shown by their proceedings
10 be as above stated.
The prayer of the petition is that
''the Police Jury be required to meet
on or before Nov. "a, 1890, and then
and there to compile the returns of
the election held on Nov. %, 1888, as
sent into them by the commissioners
ef election as shown by their pro-
ceedings of Nov. 27, 1883, to be as
stated in the above petition and to
proclaim the result as thus compil-
cd" There were exceptions fled to
the jurisdiction and no cause for &C
ton. These were referred to the
merits.
In the case of Davis VS.. Police Jury
Of Bossier, We held that the pretend
ed compilation of the votes of the
parish OF Bossier cast for the selec-
ton Of a parish seat was barren of
results. 1.-THE statement of the vote
was informal, no result was declared
or proclaimed by any order or vote
of the Police Jury" 42 An. 968.
And again in Police Jury vs.. Judge,
43 An. 125, in referring to that case,
we said that ''said proceedings (mean-
ing the result of votes,) were inope-
rative and did not constitute an ascer-
tainment or proclamation of the
vote"
We are therefore asked to divest
the Police Jury of that discretion
vested in them by the Act 33 Of 1888
and to compel them to declare the
result of the election from desig-
mated statement of votes, in no way
authentic SO far as the record dis
closes.
This case in the present aspect is
similar to that of Woodruff ct al VS..
Police Jury Al An. where the Police
Jury, it was declared, had ascertain
ed and promulgated the result of the
election in favor of the town of
Hanghton. The town of Benton pro-
ceeded by mandamus and asked that
the true result of the election be as
Certained by going behind the re-
turns, and eliminating the alleged
fraud from them.
We said, in the case, that 'the
Court is not asked in this case to
compel officers to discharge ministe-
rial duties. It was asked to take from
them duties involving discretion to
discharge those duties itself, and to
make formal declaration of its edict. I"
So, in this case, the relator, taking
the Informal statement of votes made
By the Police Jury on Nov. ~, 1878,
"a the ackual returns of the election