Endom v. City of Monroe

Citations

• 112 La. 779
• 36 So. 681
• 1904 La. LEXIS 464

Syllabus

<p>MUNICIPAL IMPROVEMENTS — ASSESSMENTS—SPECIAL ELECTION — CONDUCT—RIGHT TO VOTE-CORPORATE SHAREHOLDER — REGISTRATION OP VOTERS — CONSTITUTIONAL LAW — CONSTRUCTION.</p> <p>1. No election is vitiated under statute for holding special election by failure to open the polls on the time prescribed on account of the temporary absence of the commissioners of election during the day, unless on a contest it be shown that voters were thereby deprived of their votes in number and amount sufficient to change the result of the election. Commissioners should not leave the polling precinct. In this instance their absence was not prejudicial.</p> <p>2. The voter must present his ballot to the commissioners at the ballot box, and not attach undue importance to the utterances of those who meet him on the street, and say to him that his vote will not be received, and stay away and fail to offer to vote. Non constat, had he offered to vote, that the commissioners would have declined to receive his vote.</p> <p>3. The owner of shares of stock in a bank assessed within the limits of the city, which is owned by a resident taxpayer, is authorized under the statute to vote them.</p> <p>4. The agent of a voter should exhibit his proxy to the commissioners. The commissioners cannot dispense with its production. It is made a sine qua non prior to receiving the vote; otherwise the commissioners might waive the proxy entirely, which is not within the contemplation of law.</p> <p>5. The survivor in community, whose interest in the “community” is judicially established, can vote at a special election. If not clearly established, the vote shall not be received. Commissioners of election cannot pass upon the right of the survivor in community, not settled, in order to determine whether he or she should vote. The community interests were properly excluded, as they were not separated from “succession” interests.</p> <p>6. The usufructuary is not a property taxpayer, and he therefore cannot vote at a s