The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1916-06-24
Unconstitutional Glass Legislation.

Unconstitutional Glass Legislation.
Editor Chief:
There is now pending before the
general assembly special and local
| act providing for an additional po-
lice juror in the seventh ward and al
SO for an additional police juror i'll
the eighth ward of the parish Of
Ascension This act on its face is III
direct contravention of Article 40 of
the constitution, for we have gen
eral law (Act 2T9 Of 1909 covering
the subject matter Of this special bill.
Article 40 reads: The general as
sembly snail not Indirectly enact spe-
eial or local laws by the partial re-
peal Of d general law: but laws re-
peafing local or special laws may be
passed. As said by our supreme
court, "Article 49 and its prohibitive
features cannot affect a special law
which does not repeal or amend a
general law, purpose which cannot
be accomplished, as the general law
is entirely beyond the reach Of the
special law" lI26 La. 1860. A gen
eral law cannot be touched or in the
least infringed upon by enactment of
u special law. Such species of legis~
lation is forbidden by the constitu-
ton. Act 279 of 1908, under the
title of "An act to provide for the
number of police jurors to represent
wards in parishes Except the parish
Of Orleans) having a population of
less than $4,000 inhabitants" pro-
vides: That in each parish of this
state (parish of Orleans excepted
there shall be elected in the manner
provided by law in addition to the
police juror to which said ward is
entitled, an additional police juror
for each 5000 inhabitants which
said ward contains" etc. Elk vi ter.
mini, this act is Il general law apply
ing to every parish in this state with
the exception of the parish Of Orle-
ans Its terms cover and embrace the
entire subject matter as to the num-
Der of police jurors and the contin-
gency under which ward is entitled
to an additional police juror. Article
40 of the constitution prohibits the
legisls. from amending or repeal
ing or in the least altering this gen
eral law by the enactment of special
legislation.
The pending sperial bill affects on
~ two wards of the parish of Aseen-
sion and gives to each of these two
wards twice as much representation
as is given to any other ward in the
parish. II, as !, matter Of fact, these
two wards by reason of population,
which is denied, fall within the terms
and conditions Of the 1908 act, then
that act should be followed and the
police juror elected as therein laid
down. From no standpoint is there
any necessity Of any special legisla-
ton, for the general law Of 1908
embraces the parish of Ascension as
well as the other parishes of the state.
With law in existence giving these
two wards full representation If en-
titled to it, it is passing strange that
resort should be had to the legisla-
ture asking that body to pass an act
in contravention of the constitution.
To be entitled to an additional police
juror, each of these wards must have
a population of 5000, and the size of
the population can only be settled un-
der the laws of the state by the last
u. S. census. The parish of Ascen-
sion, as fixed by the 1910 census, has
4 population of less than $4,000;
therefore it falls within the terms
of the act of 1908. BY the same to-
ken, according to the q. S. census of
1910 the seventh ward has popula-
ton of 4181, and the eighth ward a
population of 1859 inhabitants, and
under the express language of Act
279 of 1908 these wards are not en-
titled to additional representation ON
the police jury of the parish.
+ The police jury is the legislature of
the parish. Each parish is entitled
to one representative, each ward to
one police juror. Both bodies are en-
titled to additional members based on
increased population. This increase
of population must be shown by some
fixed rule, and the constitution and
the statutes Of this state have in
variably adopted the last preceding
census of the United States as the
standard. The pending bill is clear
IL unconstitutional and If enacted in