67 So. 332 | La. | 1915
“That any person who is a citizen of this state or who, if an alien, has been domiciled in this state for three years, shall have the right to prosecute and defend in all the courts of this state all actions to which he may be a party, whether as plaintiff, intervener or defendant, without the previous or concurrent payment of costs or the giving of bonds for costs, if he is unable, because of his poverty, to pay such costs or to give bond for the payment of such costs,” etc.
The relator contends that this statute should not be construed so as to deny the citizens of other states of the Union the same privilege and equal rights given to the citizens of this state by the terms of the act, because such a construction would, he contends, violate section 2 of article 4 of the Constitution of the United States.
This statute does not relieve a pauper citizen of this state of the obligation to pay costs. The fourth section of the act provides that, if judgment be rendered against a litigant who has availed himself of the privilege granted by the act, he shall be condemned to pay the costs incurred by him and recoverable by the other parties to the suit.
Hence the statute only relieves pauper citizens of this state of the obligation of paying court costs in advance or as they accrue or furnishing bond and security for such costs. It does not accord this privilege to the citizens of this state who are able to pay or furnish bond for court costs. Hence it does not grant a privilege or immunity to all the citizens of this state or discriminate against the citizens of other states. It merely relieves the pauper or indigent citizens of this state, and those of other states who have been domiciled in this state for three years, of a certain burden, of which this state is not bound to relieve the citizens of other states.
This statute has no effect upon nonresidents of this state, but leaves them subject to the laws of this state affecting generally the citizens of this state. It has been held in other jurisdictions that a statute requiring only nonresidents to furnish bond and security for court costs is valid legislation. Haney v. Marshall, 9 Md. 194; Cummings v. Wingo, 31 S. C. 434, 10 S. E. 107; Kilmer v. Groome, 19 Pa. Co. Ct. 339.
It was decided by this court in the case of White v. McClanahan, 135 La. 25, 64 South. 940, in which the present relator was the plaintiff, that:
“Where one claims the right, under Act No. 156 of 1912, to sue in forma pauperis, he must be a bona fide resident of this state, and not merely a wanderer who happened to be in the state at the time that his cause of action arose,, and who does not remain here thereafter.”
For the reasons assigned, the relator’s proceedings are dismissed at his cost, and the-respondent judge is discharged from the rule issued herein.