The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1916-11-25
POLICE JURY COURT CASE.
Morgan Bill winding Sheet of Local
Self Government"
By EDMUND MAuRlN.

By EDMUND MAuRIN.
In the case of c. H. Landry ct ais.
VS.. Joseph Gonzales ct ais, involving
the constitutionality of Act 100 of
1916, creating two additional police
Jurors for the seventh and eighth
wards, Edmund Maurin, one Of the at
torneys for plaintiffs, maintained
that the court had jurisdiction and
that plaintiffs cause of action was
patent on the face of the papers.
Article 100 of the constitution Of Lou
isiana clearly confers this jurisdlc-
ton. Not only is the constitution
atty vel non of the act creating the
two additional police jurors involved,
but the civil or political rights of
every citizen of sfhe parish.
The issue is parely one of constitu-
tional limitatioR and legislative com
potency. Can the legislature classify
indiscriminately the wards into two
classes-two with two additional po-
lice Jurors, and the other wards to
remain with a single police juror,
based merely on legislative ipse dlxit?
Can the legislature by this special act
600 of 1870 suspend from the oper-
alton of the general law TACT 279 Of
1909 two wards of this parish? 1t
the legislature was an absolute and
omnipotent sovereign it could, but it
is not, as under the constitution it
has only limited authority and pow
er. In 1876 La, page 500, the su
preme court said: GAS we understand
the argument Of the learned counsel
for the defendant, it is that the legis-
lature may do everything which the
state constitution does not prohibit
This is not true In addition to the
limitations contained in the federal
and state constitutions, there are
those limitations which inhere in the
nature of our form of government"
In the above case will be found a
learned disquisition on the limited
authority and power of legislatures,
the substance of which is that the peo-
Pile were never willing to intrust even
their representatives with unlimited
legislative power.
The creation or attempted creation
of these two additional police jurors
is an unconstitutional discrimination
against the other wards, particularly
a. ainst Donaldsonville, with larger
population and larger assessment.
It is the rankest kind of class legisla-
ton. It is contrary to the genius and
spirit of our American system of gov
eminent. Defenders assume an IN
fallibility in their position, but the
reports of the supreme court are self
evident of the delusion of legislative
infallibility,
Only an enforced, an unnatural
construction of the constitution can
render this act valid. One step taken
by the legislature or the judiciary In
enlarging the powers of the govern
ment opens the door for another; and
so the process goes on and all respect
for the fundamental law is lost and
the powers Of the government are just
what those in authority please to call
them. Oakly VS.. Aspinwal, 3 N. ",
547-568, 8 Comstoek. The Morgan
act has nothing to stand on except po-
litical expediency, worthy object from
a selfish standpoint, but not good au-
thority on the question of constitu-
ton, limitation and legislative COM
potency.
And still defendants claim we have
no cause of action?
The authority of the legislature is
not unlimited; the residuary power of
sovereignty, not granted, is specifical-
ly reserved to the people. In Wilkin-
son VS.. Leland, 2 Peter 628, which
arose under the law of Rhode Island,
which had no written constitution, the
court said that the people of that
state were not left to the uncon-
trolled and arbitrary exercise of pow
err by the legislature. Equality of
rights is the first principle ofAmerican
jurisprudence.
Mr.. Andrews, in his work on Ameri-
can Law, vol. 2, pages 1902, has stat
ed the correct doctrine as to the pow
ers of the legislature, which is that it
has not unlimited power. See also q
Wheat, 316.
It is apparent that the legislature
of Louisiana believes that it has the
same power that belongs to the British
parliament, or is ignorant of the con-
stitution of Louisiana, which from this
Morgan bill it evidently considers a
nere scrap of paper The people of
Ascension claim to be "kings in their
own house." but it is apparent that an
attempt is here made to make them
mere vassals. The precious privilege
of freedom, justice and equality of in
ternal government cannot be abro-
gated by legislative ipse dixit. Tay-
lor on the origin of English constitu-
ton says, that whilst other powers
might be exercised by the crown, the
people themselves selected their own
officials; but in this Morgan bill the
people are even deprived of that
right
The court will notice the utter alb
sence in this Morgan bill of any class
ifcation by numbers, population, etc.
The legislature foxlike omitted this.
It has ordered no census to be taken
81 the seventh and eighth wards,
though it is elementary that the last
federal census is the only enumeration
recognized by law, except such as may
| be ordered by the legislature as a
basis Of, representation, as was done
BY. the Nichols legislature in 1888,
(Aet 60) providing for a census by
police Jury wards in the country and
by voting precincts in cities; again un
der the Heard administration in 1902,
(Act 59), classifying cities, towns and
villages after census duly taken and