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by made their duty to examine the statements, and if the district attorney has reason to believe that any statement is not true, he shall proceed by rule against the corporation, company, or association and its officers and directors within the district in the district courts of his district, and in the Parish of Orleans the district attorney shall proceed in the Civil District Court to discover the amount of any fund or the value of any other property, which the corporation, company, or association may have contributed, donated, or loaned for any purpose prohibited by this Act, and if the said proceeding discloses that any funds or other property has been contributed, donated, or loaned, for any purposes prohibited by this act, a judgment shall be rendered in the same proceeding against the corporation, company, or association, and so many of its officers and directors, as may have been cited to appear, for triple the amount, which the court may find was contributed, donated, or loaned in violation of this act, and such judgment shall be in solido against all the defendants; provided that no officer or director who at the time of said violation objected thereto and placed his objection on record, shall be subjected to such penalty.
2882i. [Sec. 9.] When the District Attorney is advised by the Secretary of State, as provided in Section seven of this act, that a corporation, company, or association has failed to make and file a statement, as required under this act, the District Attorney shall at once file suit against the said corporation in the District Court of his District, and in the Parish of Orleans in the Civil District Court, for the recovery of the fine provided in Section six of this act, and at the same time proceed against the said corporation, or association for the discovery of the amount of any fund, or the value of any property, which the corporation, company, or association may have contributed, donated, or loaned, for any purpose prohibited by this act; and upon the filing of such rule, the court shall proceed and render judgment in the same manner as is provided in Section eight of this act, for proceedings against corporations, companies, and association, which have made untruthful statements.
Proceedings Under Act.
2282j. [Sec. 10.] All proceedings instituted under this act, shall be tried in all courts by preference over all other cases, and the defendants shall be compelled to answer any rule or petition within three days after service thereof, unless the time is extended by the court, which extension shall, however, not exceed fifteen days, and which extension shall not be granted unless the request therefor is accompanied by the affidavit of the President, and in his absence, of some other officer or representative of the defendant, that affiant is without the necessary information to make a proper return to the rule.
2882k. [Sec. 11.] In all proceedings taken under this act to establish the amount of the fund or the value of any property,
which may have been contributed, donated, or loaned, the District Attorney may have the books, papers, records of the defendant produced in court and examined by an auditor to be named by the Court, and the District Attorney may cite as for crossexamination any officer, director, agent, representative, or employee of the defendant corporation, company or association. District Attorney's Fee.
28821. [Sec. 12.] Any judgment which may be rendered against a corporation, company, or association and any of its officers and directors for the violation of any of the provisions of this act, shall in addition to any fine or penalty condemn the defendants to pay the District Attorney ten per cent of the amount of the judgment as his fee, and all the costs of court, including the amount which may be allowed the auditor.
Execution of Judgment.
2882m. [Sec. 13.] Should any judgment which may be rendered not be paid when fined and upon execution being issued, the same shall be returned-"no property found"-the Court shall on motion of the District Attorney, appoint a receiver to take charge of all the property of the corporation, company, or association, or so much of it as may be within the jurisdiction of the Court; and if the corporation has property within the State, but outside the jurisdiction of the court rendering the judgment, the receiver who has been appointed, may have the property in other parishes of the state, transferred to his keeping, upon filing his motion in the District Courts of said district suggesting his appointment in another district, and any bond which the receiver may give to the court which named him, shall cover and secure all property obtained by the receiver in all other districts.
2882n. [Sec. 14.] In addition to having a receiver appointed to take charge of its property in the State of Louisiana, any foreign corporation, company, or association failing to pay any judgment, which may be rendered against it under this act, shall be prohibited from suing in any court of this state to recover any debt which may be due it; or any property which it may seek to recover; provided, however, that the District Attorney may proceed against the debtor in the name and behalf of the creditor, corporation, company, or association and all sums so recovered by the District Attorney shall be a credit upon the judgment existing against the corporation, company, or association.
Governor May Order Institution of Proceedings.
28820. [Sec. 15.] [Sec. 15.1 The Governor of the State of Louisiana may, at any time, instruct the District Attorney of any district. or parish to proceed against any corporation, company, or association domiciled in the district or parish, or having an office or agent therein, and the Governor may instruct the Attorney General of the State to proceed against any corporation, com
pany, or association in the same way as the district attorney is authorized to do-and both the district attorney and the Attorney General shall, upon receiving such instructions, forthwith proceed as ordered by the Governor. Whenever the Governor in his opinion deems it necessary for the public welfare, he may name and appoint an attorney other than the District Attorney, or the Attorney General, to take charge of any given case, and upon such appointment being made, the appointee shall have sole charge of the proceedings, provided, however, that the appointment of special counsel in any given case, shall not make the state liable to the appointee for any fee for services rendered.
Remedy of Stockholders Against Officers of Corporation. 2882p. [Sec. 16.] Where any corporation, company, or association itself pays any fine, or penalty, which the State may recover, any stockholder or creditor of such corporation, company, or association may in his own behalf, and in behalf of all other stockholders and creditors proceed against the president and other officers and directors of the corporation, company, or association, to recover from them, for the use of the corporation, the full sum which the corporation, company, or association may have been compelled to pay for any violation of this act. The president and other officers and directors shall be liable in solido, and recovery of the full amount may be had against each officer or director, or against as many as may be made defendants; provided that no officer or director who at the time of said violation objected thereto and placed his objection of record, shall be subjected to such penalty.
Meaning of "Corporation."
2882q. [Sec. 17.] The use of the terms corporations, companies, or association, in this act, shall be taken in their most comprehensive sense, to mean any body which operates under a charter, articles of incorporation or other authority, privilege or franchise granted by any government or statute-general or special.
All Nominations by Dominant Party to Be by Direct Primary. 2883. [Sec. 1, Act 49, 1906, p. 66.] The dominant or majority political party of the State shall make all nominations for candidates for the United States Senate, Members of the House of Representatives in Congress, all State, district, parochial and ward officers, members of the Senate and House of Representatives of the State of Louisiana and all city and ward officers of all cities, towns and villages by a direct primary election. That any nomination of any person for any of the aforementioned offices except as herein provided shall be illegal, and the Secretary of State is prohibited from placing on the official ballot the name of any person as a candidate for any political party not nominated in accordance with the provisions of this
Act; provided, that the primary elections provided for by this Act shall be obligatory and compulsory upon the dominant or majority political party of the State, and the right and power shall reside in the executive committee of all minority political parties to order primaries held under the provisions thereof at their option. (Amd. Act 198, 1912, p. 385.)
Election not invalidated by reason of irregularities that do not prevent free expression of choice by voters, Andrews vs. Blackman, 131 La. 355.
"Political Party" Defined.
2884. [Sec. 2.] The term political party as used in this Act is defined to be a political party that shall have cast at least five per centum of the entire vote cast for Governor at the last preceding State election. (Amd. Act 21, 1912, p. 27.)
Defining a political party as one that shall have cast a designated percentage of voters is not granting special privileges, State ex rel. Labauve vs. Secty. State, 121 La. 374.
Primary for United States Senator.
2885. [Sec. 3.] In any year in which a United States Senator is to be elected at the time that the Congressmen are to be elected, as provided for by the laws of this State, the State Central Committee of the political party coming within the provisions of this Act, shall meet on the First (1st) Tuesday of July preceding the Congressional election, and issue a call for a primary election to nominate a candidate for the United States Senate. They shall select the date, which shall not be less than sixty (60) nor more than seventy (70) days prior to the said Congressional election.
That in any year in which a United States Senator is to be elected, the date fixed by the State Central Committee for the holding of the primary to nominate a candidate for the United States Senate shall be the date at which Congressional primaries shall be held, and in said years it shall be unnecessary for the Congressional Committee to meet and order the holding of a primary election to nominate members of Congress. The Congressional Committee in said years shall perform all the duties required of them by the primary election laws, except that they shall not meet on the First (1st) Tuesday of July, and select a date for the holding of the Congressional primary. That in any year in which a United States Senator is not to be elected, the Congressional Committee shall meet and order a primary, as is provided for in section Five (5) of Act No. Forty-Nine (49) of
Nineteen Hundred and Six (1906). (Amd. Act 266, 1914, p. 519.)
2886. [Sec. 4.] Within twenty days after the issuance of said call by the State central committee for said primary election to nominate candidates for State officers, as herein before provided, the respective district and parochial committees shall meet and order that all nominations for district, parochial and ward officers, and members of the General Assembly of the State of Louisiana, that are required by law to be voted for at the general State election, shall be made by direct primary on the same date and at the same places at which candidates for State officers are voted for.
2887. [Sec. 5.] The congressional district committees of the political parties coming within the provisions of this Act shall, on the first Tuesday of July preceding the congressional elections, meet and issue a call for a primary election to nominate candidates for said political parties for members of Congress. That they shall select a date which shall not be less than sixty and not more than seventy days prior to the date of the said congressional election.
For What Date Primary Shall Be Called.
2888. [Sec. 6.] Whenever any State, District, Judicial, Parochial, or Municipal Officers are to be elected, at the same time and on the same day on which congressmen are to be elected, the respective committees of the political parties in this State having authority to call primary elections to make nominations, shall within ten days after the ordering of a primary election to nominate candidates for congress, meet and issue a call ordering and providing for the holding of primary elections to make nominations for State, district, judicial, parochial and municipal officers, at the same time and places at which the congressional primary elections are held; provided, that the State Central Committee of each political party having the right to call and hold a primary as above said, shall have authority over the ordering and holding of primary elections for the purpose of nominating candidates for Justice of the Supreme Court; and the members of the State Central Committee from every ward of the Parish of Orleans and from Parishes comprising and Court of Appeal