The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1917-11-16

govern ng body, which must act Of
IDEALLY as a whole. The exceptions !,
will be sustained.
5. Exceptions of misjoinder as to /
actions and parties: One demand Is :
| for the annulment of the contract of
employment between the Police |
Jury and defendant Stevens; the re-
manning demand is for an injunc-
ion against the payment by the Jury
Of any pubic money on its contracts
with the defendant gravel company
md the two defendant construction
companies. The defendants cannot,
lof course, be called upon to remain
parties to record in only a part Of
which they have an interest, and in
which they have no legal relation to
me of the subject matters in con-
test.
| Counsel for plaintiffs have stated
in their brief of authorizes that they
10 not now consider the Alexandria
Gravel Co.. j. N. George and Sons,
and the Healy Construction Co. as
necessary parties defendant.
1t is general rule that all who
= have an interest in the subject mat
ter of litigation must be made par
tes. Among the demands here is
that no more public money be paid
. to certain contractors. One con-
! tractor is the furnisher of gravel.
2 Of the other two. who are construc-
. ton concerns. the contract has been
modified as to the Hea!y Company so
z that it is not required to use any
1 further supplies Of gravel, and un-
o der this consideration among others
d the exception Of no cause Of action
:. as to this company has been sustain
Il sd. 1t appears, however, despite
1t counsel's statement, that if the con
A. spiracy to defraud is intended to re
In fer to the gravel contract, and to tn
" contractors who are using the grave
IN on the public work, or if it is intend
Ne ell to prevent further payment OF tn
H. contract price to these contractors
er the relief sought affects them in
60 cry real and practical sense, an
r. they are necessary parties defend
We ant.
re This leads to 8 confederation
Tie averments of fraud. They Al
n: contained in Arts. az and Do Of Il
~ petition. Leading up to these art
OIL cIes are allegations in Arts. 16 to
lc- VI specific facts, intended to set o.
uu me various contracts, the deiicie
~ cies in material and constructio
Wy knowledge by the Jury and Steve:
'nS Of such deficiencies, by notice fro
the citizens and otherwise, and t
ep- continued violations OF the contract
IN They fairly express these ideas; b
ual are these the circumstances ire
no which the general charge Of comp
on acy is deduced in Arts. AZ and q
re- Does that.chal % relate to workma
the ship, or to material, or to bot.
--- Art. AZ alleges a belief in a consp
- acy for the unlawful payment
a funds to the gravel company and
q George and Sons, one Of the constr
y ton companies; but this is only
% allegation Of belief, and not Of ia
% and Art. AZ charges that there eS
Sd one or more conspiracies, in IL
@ which the engineer and the Jury
"a parties, whereby The public ful
"a are unlawfully disbursed-in W
y manner and to whom is not stat
~ Assuming that this article refers
- The same conspiracies about WI
Cd belief is expressed in Art. AZ is
CD allegation definite enough to SUPP
"a evidence. Under this assumpt
a evidence might be offered to pr
q that a scheme existed between
~ Jury, the engineer, the gravel c
~ pauy, aud the construction comp;
~ a.. in one combination to defr
% tie public; or evidence might be
CD fered to prove that the Jury,
a engineer and the gravel comp
q we're in conspiracy to defraud,
"a that the Jury. the engineer and
~ construction company were in
" other conspiracy to defraud. In
~ two conspiracies are sought to
s. proven, the gravel company and
80 construction company would be
q PEELED to remain parties to n
0Iin only part of which had any i
- est; and in this connection it ms
~ sad that it is certainly true that
y are necessary parties defendan
" they are charged as conspiratol
CD defraud, and relief is asked ag
90 The eOnspirac1
q OF course. the case is differe
"a Art. 43 does not refer to the
"a conspiracies mentioned in Ar
y But IN that event. what are the
~ spiracies charged? An indt