The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1917-11-10

Following is the full text of the de-
cision handed down on the 29th u1ti-
mo by the supreme court Of Louisiana,
through Justice Sommerville, in the
locally celebrated case of C. Fl. Ian
dry ct ais. VS.. Joseph Gonzales ct ais,
which was brought before the state
| tribunal by the plaintiffs in the suit
on appeal from the judgment in favor
of defendants rendered by Judge
| Charles T. Workman in the twenty
seventh judicial district court for the
| parish of Ascension:
This is simply an injunction suit
brought by four police jurors of the
parish of Ascension, to test the titles
to office of Joseph Gonzales and
Elisha D. Dixon as police jurors for
the seventh and eighth wards of AS
cension; who have been appointed by
the governor of the state as addition
al police jurors to said two wards,
| under the authority conferred On him
| by Act No. 1870, 1916, p. 429. -.
plaintiffs implead Gonzales and
| Dixon and the four remaining police
jurors of the parish, and, alleging
| that Gonzales and Dixon have been
commissioned and have qualified, that
they, Gonzales and Dixon, will serve
| as police jurors, and that the four
remaining police jurors will permit
them to serve, unless they are all en-
| joined from SO doing.
plaintiffs are the police jurors of
the second, third, fourth, and sixth
| wards Of the parish; and not of the
seventh and eighth wards. They do
| not set up any claim to the last named
offices. Plaintiffs sue in their in
dividual capacity, and not under au-
thority from the police jury; and they
| do not allege or aver any right or IN
terest in themselves to the offices held
| by Gonzales and Dixon.
plaintiffs complained that the act
| under which Gonzales and Dixon were
| appointed is unconstitutional on vari-
Gus grounds; and that their serving as
police Jurors would have the effect of
rendering null and void all the de-
liberations, ordinances, and leglsla-
ton which may be passed or attempt
ed to be passed and enacted by the
police Jury of the parish, and that
| the entire parochial affairs will be
thrown into chaos, and result IN an
irreparable injury, loss, and damage
to your petitioners, to the taxpayers,
and the police jury Of the parish OF
Ascension.
Plaintiffs do not allege that the two
I additional police jurors viii otlst the1a
from possession Of their respective Of
fees. They are members OF the po-
lice Jury and the appointment OF two
additional police jurors to represent
the seventh and eighth wards does not
d;vest them Of their Offices as police
Jurors from the second, third, fourth
| and sixth wards of the parish. Inc
members of police jury do not repre-
sent only the wards of the parish
from which they are chosen; they
renresent the entire parish. The adj
dition of members to the jury takes
nothing from it; it simply makes the
hody larger. The four members nave
no proprietary or pecuniary interest,"
hv wards in the Offices which they tlil
| The emoluments of the offices are
those of mileage and per diem nxeo s
for each police juror by the exlstlng n .
laws; and they are not atfecteo oy
the number of jurors.
| "Defendants excepted that tne
coprt was without jurisdiction
ratione material in the mat
ter of the issuance of the IN
function herein, and over the subJecs
matter in controversy; and that upon
the face of the petition plaintiffs dis.
close neither a right nor cause OF
action, and that the plalntlns are
utterly without interest in the mat1ei
disclosed in the petition. -,
"There was judgment overruline
the first exception and restraining
the exception Of no cause OF acuon
Plaintiffs have appealed and defend,
ants have answered the appeal asking
that the exceptions be sustained. oo
"It is not alleged that Act lso
1915. o. 429, under which the addl,
t;onal Jurors for the seventh ane
eighth wards of the parish have peer
appointed and qualified, has removee os e
niaintiffs or anybody else from once
nr that the governor has appolntee
conzales and Dixon to fill vacancies
caused by removal Of any persons
whatever from office. e-uou
"The act in question is as follows + !, vs. ,
section /. Be it enacted by tn'
General assembly Of the state OF Lou
;siana. that an additional police Juro1
for each the seventh and eighth WARDS
Of the parish Of Ascension, Louislans, .
| he and the same are hereby creaeeu
81 that from and after the passage Q; .,
this act the said seventh and elgntl
wards shall each have two ponce 1u
@ Section 2. Be it further en- en-
acted etc, that the governor OF tn
state Of Louisiana shall appoint san
nolice Jurors herein provided for. Wn'
| :, xr,o .,,+;l the next genera