105 La. 512 | La. | 1901
The opinion of the court was delivered by
It appears from the record in this case that, upon February 20th, 1900, the Police Jury of the parish of Avoyelles adopted an ordinance directing that an election be held upon April 3rd, following, “throughout the parish”,-to take the ,sense of the voters as to whether the sale • of intoxicating liquors should be licensed from and after January 1, 1901, the form of ballot prescribed being “For Prohibition”, for those who might be opposed to. such licensing, and, “Against Prohibition”, for those who might be in favor of it; that an election was held, agreeably to the provisions of said ordinance, in which the citizens of the town of Mansura participated (giving a majority in favor of prohibition), with the result that there were 1055 ballots cast “For Prohibition” and 237 “Against Prohibition”, which result was duly promulgated. It also appears that the town council 'of Mansura thereafter ordered a similar election in that town, which was held in July 1900, and at which the votes cast, twenty-three in number,
The defense has been narrowed down to two propositions, viz:
1. That the parish election was irregular and illegal because the question submitted was, “Prohibition”, or “Anti-Prohibition”, and not “License” or, “No License.”
2. That, should said election be held to be regular, its effects should be restricted to the year immediately following the date upon which it was held.
The law applicable to the case is to be found in Act No. 76 of 1884, which reads as follows, to-wit: “* * * That the Police Juries of the “ several parishes of this State, the municipal authorities of the several “ towns and cities, and the City Council of the City of New Orleans, “ shall have the exclusive power to make such rules and regulations for “ the sale or prohibition of the sale of intoxicating liquors as they may “ deem advisable, and to grant or withhold licenses from the drinking “ houses and shops within the limits of any city, parish, part of a par“ish, or town, as a majority of the legal voters of any city, ward of a “ parish or town, may determine, by ballot; and the said ballot shall be “ taken whenever deemed necessary by the Police Juries of the several “ parishes, the municipal authorities of the several cities and towns, and “ the City Council of the city of New Orleans; provided, that said elec- “ tion shall not be held more than once a year; and provided further, “ that whenever at an election, held under this section, the majority of “ the votes cast in a ward, if only a ward election has been held, or the “majority of votes cast in a parish, if an election has been held for a “ whole parish, shall be against granting licenses for the sale of intoxi- “ eating liquors, said vote or decision shall govern and control the ac- “ tion of any ward, incorporated town, or city, within the limits of said “ ward or parish, as the case may be, as fully and completely as if said “ election had been held by authority of said town or city.”
In State vs. Harper, 42 Ann. 313, and Police Jury vs. Harper, 42
Considering this law and jurisprudence with reference to the ground of defense first mentioned, there seems to us to be no answer to the proposition, that the Police Jury, plaintiffs herein, were entirely within the statute in the measures adopted by them for the “prohibition of the sale of intoxicating liquors,” within the parish of Avoyelles, since the authority exercised is conferred in express terms and has been expressly recognized by this court. It is true, that the question voted on might, with equal propriety, have been submitted to the electors of the parish by means of ballots reading, “Eor granting licenses”', and, “Against granting licenses”, or, reading,“For withholding licenses”, and,“Against withholding licenses”, as no particular form of ballot is prescribed, and the result, so far as concerns the obtention of the views of the majority of the voters, would have been the same. The form of ballot adopted was, however, preferable, as it is a matter of common information, that the word “prohibition”, when used in politics and elections, refers to the use of intoxicating liquors. Aside from this, the proclamation calling the election distinctly announced that it would be held “to take the sense of the regular qualified voters of the said parish of Avoyelles, whether or not intoxicating liquors shall be licensed or sold within the parish after January 1st, 1901”, etc., and “That the form of ballot shall be, ‘For prohibition’, for those favoring the prohibition of the sale of intoxicating liquors, and ‘Against prohibition’ for those favoring licensing the salé of intoxicating liquors.”
The other ground of defense set up is equally untenable. The law gives to the Police Juries “exclusive power to make such rules and regu
Judgment affirmed.