Legal Opinion · Dissent

State Ex Rel. Garland v. Guillory

Supreme Court of Louisiana

Decided December 13, 1935No. 33722Published

1DissentRogers, Justice

It is my opinion that Act No. 3 of the Fourth Extraordinary Session of the Legislature of 1935 is unconstitutional in its entirety. The statute in authorizing the Governor to appoint a judge and a district attorney for the Thirteenth judicial district, composed of only the parish of Evangeline, is violative of section 33 of article 7 of the Constitution, requiring that district, judges shall be elected, and of section 58 of article 7 of the Constitution, requiring that district attorneys shall be elected. These statutory provisions are also violative of section 69 of article 7 of the…

2Cases cited7 opinions

  1. Commonwealth v. GambleSupreme Court of Pennsylvania · 1869
  2. State ex rel. Gibson v. FriedleyIndiana Supreme Court · 1893
  3. State Ex Rel. Saint v. DowlingSupreme Court of Louisiana · 1928
  4. State ex rel. Downes v. TowneSupreme Court of Louisiana · 1869
  5. State ex rel. Collens v. ClintonSupreme Court of Louisiana · 1874

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