The Lafayette gazette. [volume] (Lafayette, La.) 1893-1921, 1897-07-31
Judge Miller Deems the Case
Important Enough for a
Full Bench.

The following was filed in the state
supreme court Saturday
ITO the Honorable the Chief Justice and
Associate Justices of the Supreme Court:
relation of A. E. Moution, DIR. G. A. Mar
tin, DIR. T. b. Hopkins, John Hahn, J. J.
Davidson, J. A. Landry and A. J. Bru, resi-
dents of Lafayette parish, respectfully re-
for the rnayoralty, they were the candidates
of the Democratic party for counciluen of
the city of Lafayette, in this state, at the
election held in said city on the Sd day
people at said election over their oppone nts,
William Campbell and Others. with Grow
Girard for mayor, candidates of the tPeo-
pies Ticket; that your Petitioners were
and have qualified as councilnen of said
city under said election.
s'Petitioners further represent: That
William Campbell and the other candidates
have filed in the distric, court of Lafayette
parish a petition at said election OF your
petitioners at said election of May 3, 1897,
by suit entitled c. Girard ct ais. vs.. c. d.
said court; that the Hon. c. Debaillon,
Judge of the Seventeen judicial district in
and for Lafayette parish, having recused
himself in said suit for cause, has appointed
Hon. Stephen d. Read, resident of CAL
casieu parish. judge of the Twelfth judicial
district, to try said cause.
.sPetitions further represent: That said
court is without jurisdiction rationae mat
eriae of said demand, because act No. 70 of
the regular session of 1877 and act No. ~
of 1894, attempting to confer jurisdiction in
such cases, are unconstitutional and in con-
travention of article IFS of the constitution
stition of 1879, and that in absence of statu-
tory authorization. courts are without juris-
diction to entertain the contest of an cleo
ton.
E...A -. hat coS1
court is without jurisdiction rationae mat
eriae, because there is no pecuniary interest
involved there being no salary, fees or emol,
uments attached to the Offices OF council
men of said city under the statutes of this
state or under the charter or ordinances of
said municipal corporation.
ssPetitioners further represent: That they
filed an exception to the jurisdiction of said
fed, as shown by certified copy of said
exception hereto attached and marked ex-
hibit A.; that after trial thereof the said
Hon. S. ID. Read: judge aforesaid, has ar,
usurped jurisdiction of said cause, notwith-
standing said exception, to the great damage
and injury of your petitioners; that your
petitioners have notified said Judge, IN writ
fed copy thereof hereto annexed and
marked exhibit b, of their intention to APP
ply to this honorable court for relief: that
your petitioners have no remedy by appeal
usurpation Of jurisdiction aud power by
said judge, except to apply to this honor
able court to exercise its supervisory power
over inferior courts under the constitution
of the state; that writs of certorari and pro-
hibition should issue directed to the Hon.
S. d. Read, judge aforsaid. forbidding him
to proceed further in this cause, and to
send to this honorable court 4 certified copy
of the proceedings in said suit to tn: eEd
that their validity may be ascertained.
..Wherefore, premises considered: Petit
TONERS respectfully pray that writs of GER
tiorari and prohibition issue from this honor
able court directed to the Hon. S. ID. Read
nudge Aforesaid, forbidding him to proceed
| further in the trial of said cause, so far As
your petitioners are concerned. until furthe Z
orders from this court, and that be be
ordered to send certified copy Of the pro-
ceedings had in said cause in his said court,
!. and after due hearing had said writs be