State ex rel. Labauve v. Michel

Citations

• 121 La. 374
• 46 So. 430
• 1908 La. LEXIS 682

Syllabus

<p>1. Constitutional Law — Statutes — Attacks on Constitutionality — Requisites oe Objections.</p> <p>Differently from Congress, which possesses only such powers as are delegated to it by the federal Constitution, the Legislature exercises the entire legislative power of the state, except as limited by the state Constitution; and hence an objection to the constitutionality of a statute should specify the particular provision violated.</p> <p>2. Same — Construction.</p> <p>In construing a statute, every doubt must be resolved in favor of its constitutionality.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 10, Constitutional Law, § 46.]</p> <p>3. Same — Governmental Matters.</p> <p>A statute involving governmental matters will be construed more liberally in favor of its constitutionality than one affecting private interests.</p> <p>4. Elections — Primary Election Law-Constitutionality — Payment oe Expense.</p> <p>Primary Election Law (Act No. 49, p. 69, of 1906) § 13, requiring the state to pay part of the expenses of primary elections, does not violate Const. 1808, art. 58, providing that the funds, etc., of the state shall not be granted, etc., to or for any person, etc.</p> <p>5. Same.</p> <p>Const. 1898, art. 212, providing that all elections, except primary and municipal elections in certain towns, when such elections are not held when general state elections are, shall be by official ballot, distributed at the state’s expense, does not prohibit the Legislature from paying the expense of primary elections; and hence Primary Election Law (Act No. 49, p. 69, of 1906) § 13, requiring the state to pay part of such expense, is not unconstitutional as violating such article.</p> <p>6. Same.</p> <p>Const. 1898, art. 200, prohibits persons from voting at primary elections or in any nominating convention, etc., unless registered voters, and provides that in all political conventions the apportionment of representation shall be on the basis of population. Art