St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-05-22
IDIVSI0NISTS FILE
AN INTERVENTION
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ratified BY a two-tnird vote Of all the
voters Of the parish qualified to vote
at such election.
I~nteYenors further show that ac-
cording to Section 10, of said Act
So Of 1908, the organization Of the
Parish Of Evangeline remains IN
allegiance until the general State
election of 1872 that if plaintiffs be
permitted to avail themselves of the
Act creating the Parish Of LaSalle,
which they themselves declare un-
constitutional, then in that event
their action, in so far as representa-
ton in the lower branch Of the State
Legislature is concerned, is prema-
ture, for the reason that the Legisla-
ture passed both these Acts at one
session.
II submitted them to the people of
st. Landry and of Gatahoula, respect
lively, for approval or rejection. The
people Of these said parishes having
approved said Act, the Legislature
is competent at its session in 1910
to enact such law as will prevent any
embarrassing Of anomalous condition
to arise as to its membership in the
year 1912.
Concluding on this particular point,
intervenors ever, that the eonstitu-
tionality Of Act So Of 1903, must be
determined by the state of facts ex-
isting at the time Of its passage, and
if it be ~contended that same must be
determined by condition Of facts
existing at the time said Act is to go
into operation, then they show that
plaintiffs action at this time is per-
mature. And they deny that the re-
pealing clause of said Act 1T of
1903, was intended as a repeal of
any Of the provisions Of Act So Of
1908.
3rd. That where Che Legislature
creates a new parish, under a con.
stitution containing such provisions
as appear BY Article $50 of the Con-
stitution Of this State, and such
creating Act is silent on the subject
of the settlement between the old
and the new parish of assets and la
biIities, the exclusive legal presump-
ton is that the Legislature deem the
matter of such settlement unneces-
sary, and courts are not authorized to
inquire therein.
18th. That the question whether
the Parish of Evangeline or what
would remain as the parish of ST.
Landry contains not less than six
six hundred and twenty-five square
miles of territory MOI less than seven
thousand inhabitants, is settled con-
clusiyely By the act creating the new
parish the exclusive legal presumption,
likewise, being that the legislature as
certain these facts to its satisfaction,
and the Courts have no authority to
question or inquire into its findings
and conclusion, which are evidenced
BY the Act.
18th That the Railroad Commission
District, established BY the Constr
tuition, under Article 289. and in
Guiding the territory comprising the
Parish Of st. Landry prior to the
creation Of the Parish Of Eyangeline,
out of the confines Of said Railroad
Commission District, nor to some dis
tant and unknown realm, and that
the Legislature, if it be necessary,
is fully competent at its Session of
1910, to formally assign this ter
ritory to said Railroad Commission
District, and if it be soothing to the
wounds from which these plaintiffs
suffer, to permanently anchor it there.
9Th. That the election held under
this Act, and at which these plaintiffs
together with Others similarly sit
uated' were badly Worsted, elected
an honest expression of the will
of the people Of the Parish Of ST.
Landry; that despite the fact that
Others similarly situated as these
plaintiffs, had obtained an injunction
against the holding Of said election
which was only set aside BY the Su-
preme Court on the Saturday next
preceding the Tuesday on which the
election was held; and despite the
further fact that il was sought To
confuse the public mind by ali man
ner of law questions and suggestions
of possible fines for contempt, two
thousand and seventy-seven votes
out Of a possible twenty-six hundred
were cast, seventeen hundred and
sixteen in favor of the creation Of
the Parish Of Evangeline, and three
hundred and seventy-one against it.
That a fair and honest expression Of.
the will Of the people was given and
that IN the conduct Of said election
no law, much less any article Of che
Constitution, was violated.
Wherefore, inteYenors pray that
this their petition Of Intervention Be
allowed, that service thereof may be
made according to the law, and after
legal delay and on hearing, that this
suit may be dismissed with costs.
And thnv nrav FIR aff arrifohla and