The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1908-11-28
Wdge SimOn's Decision IN
case If Gauthier rs Laperuse.
REASONS
REASONS .

dant Alcide Laperuse, to the Office OF PO- !
lice Juror of the Third Ward OF the Pa
rish Of St. Martin. and prays for Judg- |
ment decreeing him elected to said Of
flee for the time fixed by law. The Con-
test is based on numerous grounds set
forth in the Petition. the principal OF
which are Fraud. Irregularities and ille-
galities alledged to have been committed
at the Second Precinct Box Of the Ward
by the Commissioners. He does not con
test the vote OF the First Precinct Box,
but Oh the contrary alleges that the
votes there cast were regular and legal.
Defendant pleads the general issue and
prays that he be declared duly elected
and entitled to the Office. and In the al
tentative should the election be decreed
illegal. due to irregularities. then. in
that event. that the election held in both
precincts be declared illegal. null and
void, and another election ordered for
the purpose of electing a Police Jury for
that Ward.
The Controversy in this case arose
from general Election held in said
Ward composed OF two precincts. on the
Dist day Of April 1908. under the prOvi-
siOns Of Act 152 Of 1898, known az the
General Election Law.
The Evidence in the Record diaclOses
that Contestant was the regular Demo
cratic Nominee for said office. receiving
the nomination over his opponent Leo
nari SavOie at a D'mOcratic Primary
Election held in this Parish Oh the 18th
day of January A. ID. 1905; that as a re-
suit OF said Primary. III WAS the regular
Democratic Candidate therefor at the
General Election held on the 2lst OF April
1908; that Contestant at said Primary,
WAS the Candidate OF one OF the Political
factions Of said Party. and SavOie that
Ut the other faction; that no Political
Party OF body made nomination for said
office at said General Election, COntes
tant being the only Candidate without
opposition; that at the eleventh. hour, on
the eye of the General Election, there
crops up a Candidate for said Office
against Contestant in the person OF the
Defendant who was 40 induced at the
solicitation of some of his Democratic
friends who had taken part and voted ut
said Primary Election. and who were
partisan Of that FACTION opposing the
nomination OF Contestant at the Prima-
ry; that the Defendant consented to thus
become a Candidate. was thus held out
To the Democratic voters OF that Ward
and thus voted for, his name being writ
ten by the Commissioners i'm the blank
space or column OF the official Ballot,
notwithstanding in the face OF the fact
that he had taken an active part, par
ticipated in. and voted at said Primary
where and when he east his ballot for
the Candidate Of the Faction opposing
the Contestant. and in cOntraventiOn Of
the PrOhibitOry Law, Act No, OF 1906,
known as the Primary Law. and in con-
tempt Of its letter and spirit.
It il also shown that the three Com
missiOners and Clerk Of the General
Election had also taken part and voted
ut said Primary.
The Evidence further disclOses that at
the Second Precinct Box OF said Ward
eighty two votes we're cast. eight OF
which were cast for Contestant by STAN.
ping the Party device. one for the Rep
ublican Candidate. and seventy three
for Defendant by writing his name in
the blank column Of the Ballot; that OF
this last number. fifty seven We're writ
ten and prepared in turn. and alone will
the voter by two Of the Commissioners
notwithstanding that none of them werd
physically unable on account Of blind
ness or other Physical disabilities t.
mark and prepare their respective bal
lots: nor was the law relative thereto
complied with IA provided by Section rs
of said law.
Ii is true that il was not shown who
wrote Defendants name In the remain
ing sixteen ballots NJ cast for him. bnl
the handwriting being identically the
same on each. convinc.s me be-
yond cavi that it must have been writ
ten bv one and the same person. thereby
creating strong presumption OF thpil
not having been written and marked by
the voter. but by someone for him.
The Election Box from this Second
Precinct il shown to have been properly
sealed. but it contained only the ballots
Talley sheets. and compiled statement
M Poll lists were found therein. moi
was one sent to the Secretary OF State as
provided for by Section 81 Of the Gen
eral Law.
The Evidence further shows that al
the first precinct. fifty Vote were cast. all
Democratic. and for Contestant, by
stamping the party device. Forty OF
them were marked anu prepared In turn
by one Of the Commissioners OF Election
in the presence of another and the voter
at the latter requests. but none Of them
has any physical disabilities. nor unable
to mark their ballot on that account, nOT
were Oaths taken to that effect by any OF
these voters as provided by said Section
Is Of the General Law. The Election
box Of that precinct contained the tai.
law shaat enIuni lpd stafpmaDf Poll i,f