State ex rel. Fortier v. Capdevielle

Citations

• 104 La. 561

Syllabus

<p>Syllabus.</p> <p>The constitutionality of a statute is to be presumed, and ii a reasonable doubt arise it must be solved in favor of the legislative action and the act sustained.</p> <p>A constitutional provision and an act of the Legislature, in their relation to each other, are to be so interpreted and applied as to give the legislative act validity and force rather than to avoid it, if it be found practicable to do so within the limits of a reasonable construction of the constitutional provision.</p> <p>3. The exception, as to the subjects embraced within its scope, of that part of Article 48 of the Constitution of 1898, placing an inhibition upon the passage of statutes creating corporations, or amending their charters, unfetters the General Assembly, and it has authority to enact laws relating to the charters of the cities and larger towns of the State without previous publication of notice of intention to apply for such legislation having been made.</p> <p>4. The Board of Civil Service Commissioners for the city of New Orleans, established under the Act of 1806, was protected in its official tenure by paragraph 5 of Article 325 of the Constitution only in so far as that its term of office could not be shortened prior to the general State election of 1900. After that date it is held that it was competent for the General Assembly to repeal the law which gave the Board its tenure, and after such repeal the Board ceases to exist.</p>