Hagens v. Police Jury of Caddo Parish

Citations

• 121 La. 634
• 46 So. 676
• 1908 La. LEXIS 731

Syllabus

<p>1. Intoxicating Liquors — Local Option Election — Contest.</p> <p>There is no statute authorizing plaintiff to contest an election held to decide whether or not liquor license shall issue in a ward or parish.</p> <p>2. Elections — Counting Votes —Judicial Function.</p> <p>The counting of votes is a judicial function only in so far as made such by special statute.</p> <p>3. Intoxicating Liquors — Local Option Election — Contest.</p> <p>The right assailed is a public right. It does not fall within the class of rights referred to in Const, art. 109, “civil or political rights,” that are personal.</p> <p>4. Same — An Election must be Held — Validity.</p> <p>To the extent steps are taken to hold the election, the court will entertain jurisdiction; no further.</p> <p>It is a question of authority to hold the election.</p> <p>The ordinance under which the election was called was not illegal.</p> <p>The time allowed between the date the election was ordered and the date of the election was not fatally insufficient.</p> <p>The other questions relate to the conduct of the election. The counting of votes, and other similar details of election — as relate to the local option law— left under present law to the respective localities.</p> <p>(Syllabus by the Court.)</p>