Bennett v. Staples

Citations

• 110 La. 847
• 34 So. 801
• 1903 La. LEXIS 719

Syllabus

<p>SCHOOLS — SPECIAL TAX — ELECTION—VALIDITY —INJUNCTION.</p> <p>1. Whilst article 232 of the Constitution and Act No. 131, p. 200, of 1898, in providing for elections to determine as to the levying of special taxes for school purposes, do not specifically require that the amount of the assessment or property valuation upon which the taxpayer votes shall be expressed upon the face of his ballot, both the Constitution and the statute referred to, as also the general law of the state under which such elections are required to be held, contemplate (except in the cases of women voting, who may vote by proxy) that each elector shall do his own voting, without advice, suggestion, or interference from the commissioners of election or other persons; and, it appearing in this case that, as to the amounts, the votes of practically all the electors who voted in favor of the tax were fixed by one or more of the commissioners, aided by third persons, after the ballots had been cast and counted, and out of the presence of the voters, and that, upon the other hand, those who voted against the tax expressed the amounts voted by them on their ballots, and that the ballots and amounts so voted exceeded those cast in favor of the tax, it is hold that the proposition to levy the tax is defeated, and that its collection should be enjoined.</p> <p>(Syllabus by the Court.)</p>