St. Tammany farmer., 1917-08-11

of u railway, and the election IS
the holding Of such eleetion. And
the court having 40 jurisdiction
in such case, its writ Of injunc-
ton, if granted, will Je hell absO-
lutely void and the defendants are
not guilty of a contempt in reius-
ing to obey it. -
The Supreme Court also quoted
the following excerpt from one OF Its
previous decisions, which reads as
follows:
Had plaintiffs awaited the
completion of the enumeration
and return made to the Secretary
of State, an Injunction would have
been manifestly too late. 1t is our
opinion that the injunction was
timely and provident, and quash-
ing it was error
The Syllabus, or point decided by
the court, is as follows:
IAN election being held under
an act of the Legislature submit
ting the question OF the creation OF
a new parish to the vote of the
people interested cannot be en-
joined by individual taxpayers on
the ground of the unconss,tution-
ality of some of the provisions in
corporated in the statute
''In that case it was possible Tor
an election to be legally held not
withstanding some of the provisions
of the statute were unconstitut -Onal.
This statement of facts does not CO.
incide with or remotely resemble the
question involved in the injunction
against the Covington election, the
latter being an election not authorlz-
ed by law or statute, because OF the
pendancy of a suit to contest the
returns of the previous election.
The only condition under which a
second election could be legally held
would be in case if the court should
decide that the contestants received
an equal number of the legal votes
cast in the election of June ~,
1917"
A rule has been filed bringing the
mayor and commissioners OF election
into court at the October term, to
show why they are not in contempt
of court. This does not include
Commissioners Jos. Delery and J. E.
Smith, who refused to serve in the
face of the injunction.
Judge Carter made the statement
that he would not stand for con-
tempt OF the Court What he will
do in the matter will not be known
until court opens.
The banks were closed 'becaE SO
they had made arrangements to
close at the time the orig ma. pl c.
lamation was issued some OF ne
saloons closed, but when it was found
that the election had been enjoined
and it was maintained that un4.ei
the circumstances they could NO nc
compelled to close, most Of them
opened and remained open.
Judge Carter came to Covingt On
Thursday, instead of waiting till
Saturday. Court will not be in ses-
sion until the October term, and the
Judge is now taking his vacation.
He has issued the following order:
Clarence E. Schonberg VS.. Mayor and
Town Council of Coving-
ton, Louisiana.
No. 2844.
LII luc Ol0IllNL OO0Al All OS' AAA
many Parish, Louisiana.
On motion of A. Sidney Burns and
Robt. r. Reid, of >counsel for the
plaintiff, c. E. Schonberg, and on
suggesting to the Court that the de-
PENDANTS in injunction were duly and
legally served with the writ of in
junction issued herein, and that such
defendants have wilfully and illegal
ly violated the said injunction by
holding the municipal election here
in enjoined, which election was held
by them on August Z, 1917, at Cow
ington, Louisiana,
1t is ordered by the Court that the
defendants, to-wit: Paul ]. La
croix, Mayor, and r. S. Blossman
and P. S. Barelli, commissioners of
such election, do show cause before
me, at Covington, Louisiana, on Mon
day, October Sth, 1917, at 10 O'Clock
a. M, in open court, why they should
not be punished for contempt Of
Court.
Dated at Covington, Louisiana,
August 9, 1917.
-O--
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