State ex rel. Tebault v. Michel

Citations

• 122 La. 188
• 47 So. 460
• 1908 La. LEXIS 428

Syllabus

<p>1. Mandamus (§ 12*) — To State Oeitcer.</p> <p>Mandamus will not issue commanding a state officer to do that which the law does not authorize him to do.</p> <p>[Ed. Note. — For other cases, see Mandamus, Dec. Dig. § 12.*]</p> <p>2. Elections (§ 153*) — Nominating Papers— Validity — Determination.</p> <p>Under the election law (section 55, Act No. 152, p. 281, of 1898, as amended by Act No. 132, p. 201, of 1900) nominating papers, “being in apparent conformity” with the law, must be accepted as regular by the Secretary of State, “unless objections to their regularity” are made, in writing, within a specified time, in which event, the objections are to be considered after notice to the parties in interest, by a contest board, the decision of the majority the members of which “shall be final.” As between the contest board and the Secretary of State, it is for the board, and not the Secretary, to decide whether the objector has the interest or the capacity to make the objections, whether the other parties have received the notice required by law, and whether, considering the objections made, and the evidence and arguments for and against them, the papers objected to are regular or irregular, and the decision of the board binds the Secretary, who is utterly without authority to accept and act on papers rejected by it.</p> <p>[Ed. Note. — For other cases, see Elections, Dec. Dig. § 153.*]</p> <p>3. Elections (§ 139*) — Nominating P afees—</p> <p>Invalidity — Remedies.</p> <p>The law makes ample provision for the ob-tention and use of new nominating papers, in the event of its being found that those originally relied on are insufficient, and persons who neglect to avail themselves of the remedy so provided have no just cause of complaint when denied a remedy conceived by them but not authorized by law.</p> <p>[Ed. Note. — For other cases, see Elections, Dec. Dig. § 139.*]</p> <p>(Syllabus by the Court.)</p>