The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1912-03-09

COMMITTEES DUTY DEFINED,
Not Vested with Authority TO Define
Eligibility of Candidates for Po-
liticaI Offices-Empowered to
Investigate Issue "Who Was
Elected" and Nothinq More,

'SSAiSstS lsS4S VINO wa
Elected and Nothing More.
Following is the full text of Judg
Leche's decision in the locally note
st. James election case of Cllristoph
Roussel Us. Joseph B. Dornier e
ais:
"The solution of the question a
issue depends entirely upon the prop
er Interpretation Of the foregoin.
provisions of the primary election lay
tSectlon 25 of Act No. 100 of l9O8)
Is the eligibility vel non of a. candi
uate such a matter as may form the
oasls OF a protest and be investigated
ana determined by the committee
What are the issues which com
mlttee may inquire into, try and
decide? To the first question. 7 am
clearly of the opinion that the answer
IS IN the negative, and to the second
mat only matters growing out of the
election itself may be passed upon
Dy the committee.
When a citizen of the state bas
Dy majority vote of his fellow
cltlzens obtained political position or
privilege, to oust him from thai no.
sl.lon IS a matter of concern not only
10 the person elected, hut of para
ilou1t concern to every person who
!-as py MS vote contributed to that
result, and, In fact, it concerns the
1hoie people within the Jurisdiction
over Which the authority of that
political position is to be exercised
1t Is the law and jurisprud in
this state that such an action can
only be brought by the whole neo~
p!e, that is, by the state, through its
ulsIflct attorney or attorney general.
It can hardly be conceived that the
legislature Intended the above quoted
PROVISION Of the primary law to re-
peal, amend OF to IN any way CON
Ihct with this wellestablishe prin-
clple; to permit an avowedly elected
candidate to be ousted by another
Who admits his defeat, and this. be-
tore a tribunal not vested with anv
judicial authority under the oonsti-
tuition.
1t is manifest to. nv mind that
y committees Is vested BY the quoted
statute with authority to investigate
the issue who was elected, and
NOTHING more 4 hat q committees car
.lea Haaefsas
I ofslty ~ charged against defendant, on
the ground that he had acted as
deputy registrar of voters, than tt#
could investigate his ineligibiltty I'M
der articles 164, 10, 1872 or 1873 Of tho
constitution. Such power was never
to be vested in political
committee at the inst taHce or a sin
gle complaining citizen. Any other
of the law would
make It possible, under our republ-
2an form of government with it's in
lerent majority rule, to induct into
offlce a person selected by any
small majority, be it only one sell
.ary vote.
Il believe. that no single Or indi- |
7ldNal voter has the right to ques-
ion the eligibility Of a candidate
or offlce; that this is an issue in
which ne has no direct interest; that
he laws which declare certain per-
'ons under given conditions ineligi-
ne to office were not enacted for
ne benefit of some other person who
night aspire to the same office, but
or the public good, and the public
lone through the authority Of the
tate may have such ineligibility, de-
reed and recognized
1t is, therefore, my opinion that |
section 25 Of Act No. 100 of 1908
oes not authorize an Investigation by
he committee ordering a primary in
Q the eligibility Of a candidate, and
TIL less does it do SO on the de-
land of another candidate whom the
eturns show to have been defeat
d; that the only function the eam-
littee may legally perform under
MS statute IS 20 inquire into the
lanner IN which the election was
ondusted and to ascertain who was
lected, and that therefore it has
Q jurisdiction to try and determine
le question of eligibility wherein
laintiff charges defendant 10 have !,
cen deputy registrar Ut voters
rior to his Application to become a
ana ineligible under the
agistration law to become a candi- !.
ate or to hold office Believing, ..
len, that the committee had 40
it follows that there is !,
othing for this court to review, as
le court has No ether Or greater ],
than the committee.
For these reasons, and by further !,
eason of the law and the evidence
aing in favor of defendant and :;
gainst plaintiff. it is ordered that :
exception to the juris- 9
ction OF thfs court ratione mater
e be sustained and plaintiffs suit :
snissed at his costs. .
List OF Letters
Remaining In the postoffice at DON +
dsonville, for week endino Mar 8: +
NJ. Armstrong, Louis Baber, Lucy /
elord, Mary Ford, Rosv Harris. P.
aste, Harry Holtrop, Leo Jenkins, /
Iva Johnson, Olivia Kennedy, sa- I
ii Lewis, B. n, Pardue, Vincent t
rowish, ina Querize, lola Rudason,
ictoria Ruffins, Mary ShalloWhorne.
When calling for these letters say L
7varticpd IF not called For in two +