St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-03-27
Full Text Of the Injunction, the Intervention,
and supervisors PIssdlngs.
WILL BE TRIED APRIL 2
Petition for InlunetIOa Charges that Division
of 81. Landry Would be A Public Calamity
supervisors Assume A Neutral Attitude.

19A2W = Is
ments which go to place the consti-
tutionality Of the election for parish
division at issue before the Courts of
the State.
The first is the original injunction,
issued Friday; the second is the in
tervention On the part Of the diVi-
sionists, filed Saturday, and the third
Is the judicial hybrid as District
Attorney Garland termed it, filed
Saturday by the Board Of Supervisors:
70 the Honorable, the Judge of the
Sixteenth Judicial District Court
Of the States Of Louisiana, in and
for parish Of st. Landry.
The petition of Edward B. Bubuis-
sion, Jacques B. Sandoz, Edward N.
Boagni, and Edmond D. Estilette, all
domiciliated in the Parish Of ST. Lam
dry in said State, and residents of
the City of 0pelousas, with respect
represents:
That the Board Of Supervisors of
Election for the parish of st. Landry,
are about to order an election in said
parish, parish to publish said order in
The st. Landry Clarion, the official jour
nal Of the parish, tossappoint commits
si0ners of election at all the polling
places of the parish to hold said cleo
ton, to issue instructions to said
commissioners, and unless the hold
ing Of said election be enjoined and
prohibited by your honorable court,
after the same shall have been held,
to receive, canvass and %promulgate
the result of said election.
Petitioners further show that mas
much AS the governor Of the State
has approved and signed the act Of.
the Legislature providing for the.
holding Of said election, which act
authorizes and directs a special cleo
tion to be held in said parish On the
18th, day Of April, 1909, to take the
the sense of the voters of said parish
on The question Of dividing the parish
and creating the parish Of Evange-
line, they have reason to believe that
the Chief Executive will, in case a
majority Of the votes cast at said
election be in favor of the creation
of the parish of Evangeline as pro-
posed in said act, as directed BY said
act, at once issue his proclamation to
the effect that the parish of Eyange-
line has been created and established,
and will thereafter enforce the pro-
visions of the said act of the legisla-
ture unless said act be declared un-
constitutional, null and void BY your
honorable court.
Petitioners further represent, that
the said act, being No. So of 1908,
,entitley, An act to create the parish
Of Eyangeline' etc, is unconstitu-
tional, null and void, in that said act,
section 10 provides: "if d majority Of
Che votes cast at said election be in
Of the parish Of Evangeline,
the Governor shall issue his procla-
NATION declaring that said parish has
been created that the creation Of
the parish of EvangeIine, as proposed
in said Act, will n~ecessitate d change
Of the entire western boundary line
of the parish of st. Landry, a change
which cannotssbe made unless approx
ed Of By tWo-thirds Of the qualified
electors of the parish Of st. Landry,
at an election held for the purposes
that the article 278 Of the coastitu-
tion Of 1899, provides.
All laws changing parish lines, or
removing parish seats, shall, before
taking effect, be submitted to the
electors Of the parish or parishes to
be effected thereby, at a special cleo
tion held for the purpose, and the
lines on the parish seat, shall remain
unchanged unless two-thirds Of the
qualified electors of the parish or
parishes affected thereby vote in fa-
vor thereof at such election There
fore, when said Act proposes to
create 3 new parish out of the pre-
sent territory of the parish Of ST.
Landry, and thereby TO change its
entire western boundary line BY a
majority vote Of it's electors only, it
controvenes the provisions of the ar
of the constitution aforesaid,
IS therefore unconstitutional, null and
void as hereinbefore stated.
Petitioners further repreent that
they have a material interest in con
testing the constitutionality BIZ the
said act Of the legislature, and in
preventing the division of the parish
IS proposed in said act; that The line
Of division between the mother parish
the proposed parish Of EVange-
line has been so located in the said
Act, as to transfer to the proposed
new parish much the larger portion
the cultiyable and inhahitable ter
rit0ry of the parish; so that the /;
parish, in case of division as !
proposed will be left with fully two !,
luudred square miles of habitable and ;
land less than win be trans i
erred TO the new parish; and that !
three hundred square miles of !
.he territory left within the bounds Of
he old parish consists of swamp and
imbered land; that the timber on
aid land constitutes its chief ele-