The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1918-01-19
POLICE JURY PROCEEDINGS.
Nay Members Assume Seats-enad
Pertinent Organization Perfected.

Donaldsonville, La, Jan. 9, 1918.
Upon the convening of the police
jury this day, President Newman an
nounced that he had an opinion from
the attorneys representing himself
and Messrs. Tobias, Falcon and Ian
dry regarding the legal situation of
the suit involving the right of Messrs.
Joseph Gonzales and Elisha D. Dixon
to sit on the police jury, which opin-
ion he requested read and placed on
| record in the minutes of the police
jury.
The opinion reads as follows:
Donaldsonville, La, Jan. 9, 1918.
Messrs. Leon Newman, President, and
Members Of the Police Jury, Par
ish of Ascension, Donaldsonville,
| La.
Gentlemen:-In the matter of the
litigation involving the right of JOS
eph Gonzales and Elisha D. Dixon to
sit as members of the police jury Of
the parish of Ascension from the
seventh ana eighth wards respective
ly, you are hereby advised that the
legal situation today is as follows:
On the 18th day of August, 1916,
suit was instituted in the twenty
seventh judicial district court, parish
of Ascension, enjoining and prohibit
| ing said Gonzales and Bixon from
participating in the proceedings Of the
police jury of this parish on the
ground that Act 100 Of 1916, purport-
ing to create two additional police
| Jurors for the seventh and eighth
| wards, was unconstitutional, null and
! void, and conferred no rights upon
said Dixon and Gonzales.
The injunction was granted by
Judge w. E. Howell, judge ad hoe,
acting in the absence of the Hon.
Chas. T. Wortham, district judge. At
the instance of defendants the said in
junction was dissolved on bond in the
sum of $4,000 on an order granted ex
parte by Hon. Calvin X. Schwing, dis
trict judge for the parish Of Iberville.
Thereupon, plaintiffs the next day,
upon being advised of the said order
of Judge Schwing, applied for and OBJ
tained suspensive appeal from Judge
Howell suspending the said order Of
Judge Schwing, bond was <duly filed
and the appeal promptly lodged in the
supreme court, where said appeal is
now pending undetermined and yet
to be heard.
Therefore the said Dixon and Con
zales are by virtue Of the suspensive
appeal still in force enjoined and pro-
hibited from participating in the de-
alterations of the police jury of the
parish of Ascension.
The suit was tried by Judge
Workman in November. 1916, on ex-
ceptions to the jurisdiction Of the
court ratione materiae and no cause
of action. On December 1916,
Judge Workman overruled the ex-
ception ratione materiae, but sus-
tanned the exception Of no cause Of
action. In due course plaintiffs OBJ
tanned, filed and prosecuted their sus-
pensive appeal from said Judgment
from supreme court, the appeal being
lodged in the supreme court in Janu-
ary, 1917. In. October, 1917, this
last appeal was heard by the supreme
court. On December 26, 1917, the
supreme court held that it was with
out Jurisdiction Of the appeal. In due
course plaintiffs applied to the district
court for a suspensive appeal to the
court of appeals from the judgment
of Judge Workman here and above re
ferred to, and on December 81, 1917,
the district judge, Philip H. Gilbert,
refused to grant plaintiffs an appeal
to the court Of appeals. On January
5, 1918, the plaintiffs filed with the
court Of appeals, first circuit, a petit
ton for writs of mandamus and pro-
hibition, to- force the district judge to
grant to plaintiffs the appeal to which
they are clearly entitled. This ap-
plication is now under advisement by
the said court of appeals and will in
| few days be passed upon.
In view of the serious question at
fecting the right Of Gonzales and
Dixon to participate in the delibera-
tions Of the police jury Of this parish,
and in view of the fact that, sus-
pensive appeal enjoining them from
participating in the deliberations OF
the police jury Of this parish is still
pending and undetermined in the su-
preme court, and considering further
that there is now pending before the
court of appeals an application for
writs in this matter affecting their
right to participate, and in further
view Of the circumstances that the
interests of the parish Of Ascension
have. been and are being properly
conserved by the eight members now
constituting the police jury, and as
great and irreparable injury and harm
may result from the illegal participa-
ton in the important deliberations Oh
the police jury of the parish of AS
cension by said Gonzales and Dixon,
entire strangers to said body; and
whereas, finally, no harm could pos
sibly result to any one by the police
Jury as presently constituted contlnu-
ing to serve the public without the aid
or advise of said Joseph Gonzales and
Elisha Dixon, it is our opinion that
the said Dixon knd the said Gonzales
ought not to be allowed today to par
ticipate in the deliberations OF your
body. PUGH q .l.ls L.EMANN, ~,
Attorneys for Plaintiffs.
Thereupon the district attorney
stated that in his opinion Messrs. Con
zales and Dixon were entitled to par
ticipate in the meeting. Mr.. New
man an.si1alf of himself and MessEss
he efss3ias, Falcon and Landry submitted
.ft3 the ruling under protest. Mr.. New
man then asked the district attorney
who was president of the police jury,
and he replied that Mr.. Gonzales was
president. To this ruling Mr.. New
man again protested. -,