St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-03-27
OF The INJUNC-
ton IS JUSTIFIED.
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CONTINUED from first pagel
ton Of division Of the parish Of St.
Landry, Independently Of the election
officers and in despite of the writ Of
Injunction, would be a mere brutem
fulmen, and would have no legal
character whatever.
The clauses in the State election
law. according to the voters present
the right to organize d poll and APP
point commissioners if the commits
sioners duly appointed do not appear,
as well as the expressions used il the
law. that an election shall not be
void or illegal because Of the neglect
Of any election officer, have no ap-
plication whatever to an election the
holding of which has been enjoined
On constitutional grounds. Now, the
Supreme Court, in the case Of State
ex rel. Forsythe and Robertson vs..
Judge Of the Seventh Judicial Dis
trict, az An. 1104, has not only taken
a position entirely in conflict with
that Of the Attorney Generals in
depreciation of the Constitution, but
has declared that an injunction
against election officers proceeding
to carry out a law providing for the
creation OF a new parish, alleged to
be unconstitutional, is not only the
proper, but the only effective remedy.
Here is the syllabus which correctly
summarizes the view Of the Court as
expressed in the able opinion by DIR.
Justice Fenner, coneurred in unani-
mousIy by the Court:
THE Constitution of the State has
not given the Legislature unlimited
discretion in the matter of creating
new parishes or changing the boun-
daries Of existing parishes, but has
imposed important limitations on the
legislative power in these respects
and on the methods Of exercising
same.
These limitations are intended to
protect the rights of existing par
ishes and the people thereof, who
have the right to oppose the execu-
ton of legislative acts passed in yio-
lation thereof, and to invoke the aid
Of the judicial department.
injunction against persons pro
ceeding under the authority and il
execution Of such acts is not only the
proper, but the only effective remedy,
because if parties wait until the act
has been fully executed and the new
parish organized, it is then too late
to invoke Judicial aid"
From the body Of the opinion, ]
extract this pertinent and emphatic
statement:
The Constitution Of the State has
not invested the Legislature with IN
limited discretion in the matter d
creating new parishes and Of chang
ing the boundaries Of existing par
ishes. On the contrary, it devotes 8
special title to the subject of Paro-
chial Affairs and Boundaries, where
III it imposes important limitation;
upon the legislative power in these
respects and on the methods Of exer,
cising the same"
And again: These provisions
were undoubtedly intended as a pro
lection of the rights Of existing par
ishes and the inhabitants thereo1
against encroachments by any legis
lative action not taken in strict con
formity with their requirements
The case quoted above arose GU.
Of the attempt to create the parisl
of Troy from the territory Of tht
Parish of Gatahoula, the only at
tempt since the adoption Of the Con
stitution Of 1879 that has been made
to create a parish by Independent
legislative action. The attempt cam,
TO grief, for while it is true that thl
decision annulling the act of th'
legislature as unconstitutional restet
upon the ground that the creation o
the new parish ~necessitated an in
crease of representation ii the legis
~Iature, already filled to the Constitu
tional limit, yet it is plain from th
citations given above that the Cour
would have construed the severa
Articles of the Constitution togethe
as being on the same subject matter
and not as Attorney General Guio
says, as treating on separate and in
dependent subjects.
But the best argument as to th
correctness Of our view is derive
from a simple inspection Of th
Articles of the Constitution bearing
upon the subject matter. There ar
three Articles which treat Of til
change of the territory of an exist
ing parish, Numbers 277, 278 an
279. Here are the Articles with th
heading as found in the Constitution
"PAROCHAIAL AND MUNICIPAL
CORPORATIONS.
"Art. PIT The General Assembl
may establish and organize new pan
ishes, which shall be bodies corpol
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