State ex rel. Ecuyer v. Burke
Supreme Court of Louisiana
i PPEAL from the Civil District Court for the parish of Orleans. n_ Tissot, J. First — A mandamus will lie to enforce the performance of amere ministerial duty against the-State Treasurer. C. P., Art. —, and 2 Otto, McComb. Second — The State debt ordinance in the second article is not conditional on the creditor’s-acquiescence in the third article, and any legislation to produce that result is unconstitutional and void.
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i PPEAL from the Civil District Court for the parish of Orleans. n_ Tissot, J. First — A mandamus will lie to enforce the performance of amere ministerial duty against the-State Treasurer. C. P., Art. —, and 2 Otto, McComb. Second — The State debt ordinance in the second article is not conditional on the creditor’s-acquiescence in the third article, and any legislation to produce that result is unconstitutional and void. Third — The refusal of the Treasurer to stamp the bonds at the reduced interest is based on an unconstitutional statute of the Legislature requiring surrender of the coupon…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
The relator represents that he is the holder and owner of six bonds of $1000 each issued by the State of Louisiana, under authority of an act of the General Assembly of January 24,1874, No. 3, payable in 1914, with interest at seven per cent per annum, making $35,. due semi-annually, on 1st July and 1st January of each year from 1874;. that the payment of principal and interest is provided for by a levy of an annual tax, fixed and guaranteed by an amendment of the Constitution of 1868; that, by an ordinance passed by the Constitutional…
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