Grinage v. Times-Democrat Publishing Co.

Citations

• 107 La. 121

Syllabus

<p>Syllabus.</p> <p>1. The rule is that an act of the General Assembly must be held constitutional unless its repugnance to the organic law is apparent and reasonably certain.</p> <p>2. Courts are not justified in holding a statute void because of mere doubts arising on the construction of the two — the statute and the Constitution— the one in reference to the other.</p> <p>3. That construction must obtain which would give the statute constitutional life rather than another construction, of which it might be susceptible, which would strike it with constitutional death.</p> <p>4. The constitutional declaration that the courts shall be open, and every person, for injury done him in his rights, lands, goods, person or reputation, shall have adequate remedy by due process of law, etc., is not to be understood as taking from the Legislature the power to prescribe reasonable rules and regulations relative to the costs incurred in litigation.</p> <p>5. Regulating the collection of costs due to clerks of courts and other officials ( a phrase found in the title of the act assailed), is a term broad enough to cover the requirement of security for costs which the statute authorizes the defendant to exact of the plaintiff.</p>