The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1893-04-08
NO 36

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mand the riparian proprietor to re-
move his rice tlume &c, if it had cho-
sen to exercise it. But having failed
| to so command, for it to undertake to
! punish his failure to remove is not
''srch IN cXerticn Of its powers as the
settled maNims of the law permit and
/ sanction, and under such safe guards
for the protection of Individual rights
as these maxims prescribe for the class
of cases to which ,he one under re-
view belongs. This exertion of power
eliminating in the adoptIon Of Act
No. ;. in so far as it undertakes to
! punish the omission OF failure by "a
particular person to do all act the per-
formance Of which was not expressly
and positively imposed upon that per-
! son or the class to which he belongs,
Is, IN my opinion, violative of article
of our Constitution in that it de-
! priVcS that person Of the right of being
! Informed Of the nature and cause of
the accusation, and is not due process
OF law in the sense Of the Fourteenth
Amendment of the Federal Constitu-
ton and article E of our Constitution.
This conclusion is supported by rea-
son ana rests on the sound principles
! hercinabove enunciated, and, besides.
finds Sufficient authority in the decis-
ION Gf "Hr own Supreme Court in tie
state -. Baum SO Al. 9Sl.
That case is parallel with this.
There the law under review was act
No. 81. approved March 18th. 1873,
/ & \ u ut IN
iulir> tc make such regulations as
they may deem proper to prohibit or
regulate tia sale, barter or exchange
OF Intoxicating liquors or merchan-
disc On Sundays"
At er comforting the powers emu
mcrated i'll the title. the act contains
+ the following lro,i.ion:
/ ~ laiatians Of al orsiinaIce>, duly
pissed and promulgated according to
! the provisions OF this act. shall be con
Sldered misdemeanors, and the penal,
ties fixed in said ordinances for viola
tions thereof, shall be enforced by in
dictment or information in any Court
OF competent .inris diction."
1t was objected in motion to quasll
inter ala. that the legislature was
was without power to delegate it's leg
iSlallon to Il police jury, in the man
ner and form resorted to in that act,
and. although the Indictment was
quashed on another ground, in noting
this objection Justice Poch6, as the
organ of the Court, said it sis entitled
to serious consideration, and would
of itself be fatal to the validity OF
that statute. While the legislature
fails to prohibit in the name Of the
State. the sale, etc, Cf liquors or mer-
chandise on Sundays, it grants full
power so to do to police ,iuries i'll their
parishes; aud proffers the power of
the State to champion the ordinances
to that end. which may lie adopted by
any police july. In other words the
Legislature engraffs penal statnte
with stlspcDSlvr condition. to Nit =
the passage of certain ordinances by
the various police .juries of the State.
and, thus, under its practical opera
ton. the State in its name. at the bid
ding of the poice jury of East Baton
Rouge. prosecutes resident of that
parish for the performance of an act
which is not forbidden in the parish of
st James. wherein the identical resi-
dent of East Baton Rouge can do the
same act with perfect freedom and alb
solnte immunity from any criminal
prosecution in the premises
Paraphrase the language OF the
learned Judge and it fits this case to a
ncety.
| have thus. reviewed the case IN
f"ll, and considered and disposed of
the several objections brought against
law srr.1t,ai, although it wa. not stlict-
! ~ necessary 70 consider them all. be-
cause OF the great Importance of the
law in enr community, and the urgent
Tecc:sity of knowing exactly where We
stand, so far us this Court has the ;u-
tholitl to define the situation.
10 state my conclusions briefly
then: Act No. ) of 1892, in so far as
it prohibits and Furnishes the placing
OF any ;ieehGmes, etc. in the public
leyt"~ q }he State. and requires the
rcu4uyai ot existing rice fumes, etc,
and directs and empowers the police
.;Gilt~ t. see that the removal is effect
ed. l. valid and operative, but in so
iar - i; seeks to punish any person
Ia. t!tc !..iuic or omission of removing =
amy existing rice frme, etc when the
performance Of that duty had not
been previously commanded to or I'M
posed Hron such person "r the class to
which he belongs, it is imperative.
For the above reasons let the i'll
dictment under which the accused j,
held and prosecuted be quashed an,
set aside and the accused enlarged.
Done and signed i'll open Court al
, Thibodaux, La, this Goth March. 1898
,, l.. =. CAILLOI' Ell.