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of appeal to the Supreme Court, as in other civil cases, where it is shown in the record, that the amount of the emoluments of the office in contest, is over two thousand dollars, on the appellant giving bond and security in such sum as the judge of the court which renders the judgment, shall direct; and such appeal shall be considered suspensive in its operation and effect, any law to the contrary notwithstanding.
Con., Art. 85.
Emoluments of the offices fixes appellate jurisdiction, State ex rel. Dist. Atty. vs. Fowler, 41 A. 380; State ex rel. Buckner vs. Jastremski, 33 A. 110; State ex rel. Dist. Atty. vs. Hayles, 32 A. 1135.
Appeals in contested election cases are governed by the general rules applicable to civil appeals, Duson vs. Thompson, 32 A. 861; State ex rel. Young vs. Judge, Man. 237; Lanier vs. Gallatas, 13 A. 175; Auld vs. Walton, 12 A. 825; Warren vs. McDonald, 32 A. 987.
3032. [R. S. 1435.] All such contested cases shall have preference in the Supreme Court over all cases therein pending, any law to the contrary notwithstanding.
3033. [Sec. 7, Act 45, 1870, E. S., p. 100.] In all cases in which the right to office is involved, and an appeal is taken from the judgment of the lower court, it shall be returnable in ten days after judgment of the lower court, and the Supreme Court, on the motion of either party, shall proceed to try the case by preference.
Appeal is properly returnable in ten days, Cramer vs. Brown, 26 A. 272. When at appellant's suggestion a return day more than ten days off is fixed, the appeal will be dismissed, State ex rel. Slack vs. Hall, 26 A. 58. An appeal taken more than ten days after judgment will be dismissed, Ingram vs. Doherty, 21 A. 174.
The issue in a contested election case is not a title to office, hence in such a case this section does not apply, Duson vs. Thompson, 32 A. 861; State ex rel. Young vs. Judge, Man. 238; Lanier vs. Gallatas, 13 A. 175; Auld vs. Walton, 12 A. 825; Warren vs. McDonald, 32 A. 987.
Loser Must Pay Costs.
3034. [Act 59, 1880, p. 57.] In every suit, having for its object the contest of the election of any district judge, clerk of the district court, sheriff, coroner, justice of the peace, and any other State officer or parish who may be elected by the people; and in every suit in which the right to any State or parish office whatever is claimed, whether such suit be brought by the per
son contesting the election or claiming the right to the office, or by the proper authority, on the relation of the person interested; the person contesting the election or claiming the right to the office, or on whose relation the suit was brought, shall be responsible for the costs of court, as in ordinary civil cases, and should the person whose election or whose right to such office is contested be cast in the suit, the person so cast shall be condemned to pay the costs of court, as in ordinary civil cases. Membership of General Assembly.
3035. [R. S. 1431.] Any person intending to contest an election shall, within thirty days of the election, in the case of a Representative or Senator, give to the person concerned a written notice, under his hand, and attested by two subscribing witnesses, stating the fact on which the contest is founded, and no other can afterwards be admitted, and ten days' notice of the time and place of taking depositions thereon must be given the opposite party.
3036. [R. S. 1432.] Any judge of a court of record, or two justices of the peace shall issue subpoenas for witnesses, and have power to compel their attendance; and the depositions taken before them shall be transmitted to the Secretary of State, who shall lodge them, within three days after the succeeding session, with the Clerk of the House of Representatives, or with the Secretary of the Senate, if they relate to a Senator.
3037. [R. S. 1433.] The person or persons contesting an election shall present a petition, signed by at least ten qualified electors of the district, within three days after the next meeting of the Legislature or within ten days of the time when such depositions were taken; allowing also one day for every twenty miles distance from the place of holding such elections, to the seat of government, praying the House to examine the facts and decide thereon; and the judgment rendered thereon shall either confirm or vacate the seat.
Elections Under Articles 232, 270, 278.
3038. [Sec. 1, Act 106, 1892, p. 140.] Any election held under Articles 209, 242 and 250 of the Constitution of 1879 and the laws to carry same into effect, may be contested by any
party or parties in interest, on grounds of fraud, illegality, or irregularity, before any court of competent jurisdiction.
Arts. 232, 270, 278 Constitution of 1913.
Act does not violate Art. 31 or Art. 32 of the Constitution, Lucky vs. Police Jury, 46 A. 679.
Art. 232, special taxes for public improvements, "the title to which shall be in the public"; Art. 270, special taxes railroads and the like; Art. 278, changing parish lines and removing parish seats.
Construction Co. vs. Tax Clctr., 108 La. 435; Guillory vs. R. R., 104 La. 11; State ex rel. R. R. vs. Judge, 52 A. 1880; R. R. vs. Scott, 52 A. 512; Taxpayers vs. Police Jury, 52 A. 465; McWilliams vs. Board, 128 La. 422.
Prescription of Suit to Contest.
3039. [Sec. 2.] Suit brought to contest any election, as aforesaid, shall commence by petition which shall be served in the manner provided by law, on the Police Jury or other body or authority holding such election, under the aforesaid Articles of the Constitution of 1879, and laws to carry same into effect; and any suit under the provisions of this Act, shall be brought within three months after the promulgation of the result of the election contested.
Prescription of action to contest election, Folse vs. Police Jury, 125 La. 603; Waggner vs. Police Jury, 863; Daigle vs. R. R., 124 La. 1047; Dimmick vs. R. R., 123 La. 123; Baucum vs. Police Jury, 119 La. 532,
This statute does not now apply to contesting elections held under Con. 232, such contests now being regulated by Sec. 17, Act 256, 1910, p. 432, printed in this book as 4414, p. 1539.
Officers May Be Recalled.
3040. [Sec. 1, Act 286, 1914, p. 576.] Any officer of this State, (except the Judges of various Courts of record, and the Judges of the various City Courts throughout the State, and the Justices of the Peace) and any officer of any District, Judicial or otherwise, and any officer of any Parish or Ward thereof, and any officer of any Municipality or Ward thereof, may be recalled by a majority of the voters of the State, District, Judicial or otherwise, Parish or Ward of a Parish, Municipality or Ward of a Municipality at an election called, conducted and held as hereinafter prescribed.
3041. [Sec. 2.] All petitions asking for an election to recall any officer of the State of Louisiana, or of any District, Judicial, or otherwise, or of any Parish or Ward thereof, or any muni
cipality or Wards thereof, (except the Judges of various courts of Record and the Judges of the various City Courts throughout the State and Justices of the Peace) elected by the people shall be addressed to the Governor of the State of Louisiana, except when the object of the petition is to ask for the recall of the Governor, then such petition shall be addressed to the Lieutenant Governor; such petition shall be printed on a single sheet of paper conveniently arranged, and all blanks shall be filled in plainly and legibly. A margin of two inches shall be left at the top of each sheet, and same shall be substantially in this form:
"To the Honorable (Governor of the State of Louisiana, or Lieutenant Governor of the State of Louisiana, as the case may be):
We, the undersigned Citizens and legal voters of the State of Louisiana, Parish of, (naming the Parish in which the voters signing the petition resides or votes) and precinct (naming the Precinct) hereby petition your Excellency to call a Special Election for the (here naming the territory in which the recall election is sought), either State, District, Judicial or otherwise, Parish or Ward thereof, Municipality or Ward thereof, or to submit at any general election held throughout the particular territory hereinabove named within five months from the time this petition is certified to you, for the purpose of permitting the qualified voters of (naming the territory in which the recall election is sought) to vote upon the question of recalling (here name the officer sought to be recalled, and give his official title) for his office and for the further purpose of electing a successor to said officer in the event he is recalled. We urge that the said officer ought to be recalled for the following reasons: (here shall follow a brief statement of the reasons urged why the officer should be recalled.) We concur in all other sheets of the petition asking for the same recall election we are asking for. Each of the petitioners whose name follows says for himself: I have personally signed this petition or made my mark; I am a legal voter for the State of Louisiana, and of the Parish of (naming the Parish) and of (naming the Ward), and of (naming the precinct) and my residence and post office address are correctly after my name.
(here shall follow twenty numbered lines for signatures")
3042. [Sec. 3.] On the opposite side and at the opposite end of each and every sheet containing signatures of a petition
asking for a recall election, the person circulating such petition shall make the following affidavit, or in words substantially the
being first duly sworn say (here shall be legibly written or typewritten the names of the Signers of the sheet) signed this sheet of the foregoing petition and each of them signed his name thereto, or made his mark, in my presence; I believe that each has stated his name, postoffice address and residence correctly, and that each signer is a legal voter of the State of Louisiana, and Parish of .. and Ward
of said Parish and Precinct. ....of such Ward (as the case may be), (Signatures of affiant his residence and postoffice address).
Subscribed and sworn to before me this
..A. D. 19.... (Signature and title of the officer before whom affidavit is made together with his residence and postoffice address). Not more than sixty days time shall intervene between the earliest and latest verifications of the petition.
Warning to Signers.
3043. [Sec. 4.] There shall be a sheet of paper of the same size as the sheet containing the petition, attached to the page of the sheet containing the petition and space for the signatures and upon which shall be printed the word "Warning" in type at least one-half of an inch and under the same in ten point type the following: "Any person who shall knowingly sign a petition asking for a recall election without being a legal voter at the time of signing his name, or who shall knowingly sign his name more than once asking for such recall election, or who shall sign any other name other than his own, is liable to a fine of not more than two thousand dollars, and to imprisonment in the State penitentiary for not more than two years."
Circulation of Petition.
3044. [Sec. 5.] Any legal voter shall be a competent person to circulate a recall petition in the parish or ward of a parish or municipality or ward of a municipality where he votes, and any legal voter in such parish shall be a competent person to sign such petition, but no legal voters shall circulate or sign a recall petition in any other parish than where he votes, and no legal