The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1908-11-28

were legally cast, and the returns made other
wise correctly showed the vOts cast, the
Court should limit the remedy to throwing out
the vote shown to have been illegally cast. and
returned This decision is in point with this
case on the questions OF law, and covers the
issues raised therein by both sides.
A stronger ground yet presents itself for hold;
ing the Contestant legally and regularly elected
and entitled to the Office, and also for holding
that he was the only candidate for said office at
said General State Election, which OF itself is
sufficient for the Court to disregard and dismiss
Defendants contention regardless OF the condi-
ton of the votes cast in the ward; viz: That he
became the Candidate for said position oppos;,
ing afsE he nPd T9feS
called for the purpose of nominating Candidate
for said office and others for said General Elec-
ton.
am constrained to say that such conduct ON
| the part of the defendant by nor in consonance
with the Primary Election law of this State and
should not be cOuntenanced. lie was bound
and had to abide by the results of the Primary.
his name name to be- used against the regular Demo
cratic nominee of the Party. BY Participating
in the Primary made him Ineligible to the Of
flee. and could not stand for election IN any
manner. He stood in the shoes as any other
ineligible person the law prohibits from hold
ing office in the State. l make no difference.
nor does the law. Not was he prohibited from
the office after being elected. This is true be-
cause under the law he could not even have
| signed the nomination papers for another at
said Election. He was entirely incapacitated
for either. His election therefore was illegal.
null and void. and not binding upon Contestant
and the people.
Before concluding this issue, must say that
actions of that Character in the Party or other
wise are not right and should be condemned.
They are reprobated by law. and the Courts OF
the Country will not approve such conduct In
the face OF prOhibitary law. just such things.
if tolerated would bring in disrepute and con-
tempt. both the Primary and General Election
laws of the State. and suffice to deter the people
from submitting to Primary, or from becom
ing candidates for Office, for fear of such oc-
curances at the hands of his fellow men.
There would be no safety in the Party for nc
man, nor fullhllment of the Primary pledge
that each voter takes when he casts his vote al
Primary election. To be thus knitted by the
very men, one should look to for support, and
party loyalty, after submitting to Primary. il
not legal. fair, nor right. and especially aftel
going through a strenuous and expensive cam
pagn to secure the nomination within the par
ty: such thing is inadmissable and reprehen
sabl".
In conclusion l must say that should bt
lOathe to impute fraud to the Commissioners a
known by the Court, and their standing is higf
in the Community as HonOrat lie men. Thei
truthfulness and standing is vouched for by thu
Plaintiff. as well as by the Defendant. wher
they were placed on the stand as their respec
tive witnesses.
: While their act WAS illegal and wrong, it wa
ON that light considered in reaching this OPT
Mon.
/, JUDGMENT.
After issue joined, this case was regularly fix
, ell for trial, called, taken up, tried and submit
ted; by reason of the law and the evidence here
| in. and for the written reasons filed by the COur
: and hereto annexed and made part hereof.
1t is ordered, adjudged and decreed that plain
tiff l.: Charles Gauthier, be and he is hereby de
clared to have been legally elected, at the Gen
eral Election in this parish and State, on tn
2lst day of April. A. ID. 1908. as the Police JurO
: for the Third Ward of the said Parish of B,
Martin, for the term as fixed by law.
1t is further ordered, adjudged and decree
, that the defendant Alcide Laperuse, not havin
been elected to the said Office besides being in
eligible to become a candidate for the said Of
nee, at that election, be and he is hereby not en-
titled to hold the same.
1t is further ordered, adjudged and decree
that this judgment be certified TO his Excellenc
! the Governor Of the State of Louisiana, that b
may issue a commission to the said l.. Charlie
(authier, for the said Office of Police Juror, 70
/. the term beginning from the election held Apr
!, 2lst lyS, rs prescribed by law.
( All costs of Court being hereby taxed agains
q the defendant Alcide Laperuse.