Parish of St. Landry ex rel. Fontenot v. Stout
Supreme Court of Louisiana
APPEAL from the Second Justice’s Court, Second Ward, parish of St. Landry. Poiret, J. The Legislature alone can create new crimes, and can alone provide for their punishment criminally. Municipal corporations cannot, as this is a branch of the sovereign power not delegated to them. Ordinances of municipal corporations must not conflict with either the-Constitution or laws of the State; and in so far as they do so conflict, they are null and void.
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APPEAL from the Second Justice’s Court, Second Ward, parish of St. Landry. Poiret, J. The Legislature alone can create new crimes, and can alone provide for their punishment criminally. Municipal corporations cannot, as this is a branch of the sovereign power not delegated to them. Ordinances of municipal corporations must not conflict with either the-Constitution or laws of the State; and in so far as they do so conflict, they are null and void. Imprisonment for debt was abolished in this State by statute. The Constitution of 1879 provides: “Art. 5. There shall be neither slavery nor…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The 12th section of an ordinance of the Police J ury of *1279' the parish of St. Landry, providing for the police of the public roads, imposes upon delinquents in the performance of road duty, a penalty of “ five dollars per day for each person so neglecting or refusing, to be recovered with costs, by judgment before any justice of the peace in the parish, and paid by said justice to the overseer; and in default of payment of said fine, the persons so failing to pay shall be imprisoned in the Parish Prison thirty days, said imprisonment to be…
2Cases cited1 opinion
- Sommer v. GilmoreSupreme Court of Pennsylvania · 1894
3Cited by14 opinions
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- Benson & Gold Chev. v. La. Motor Veh. Com'nSupreme Court of Louisiana · 1981
- Aucoin v. DunnSupreme Court of Louisiana · 1970
- Tafaro's Investment Co. v. Division of Housing ImprovementSupreme Court of Louisiana · 1972
- State Ex Rel. Garland v. GuillorySupreme Court of Louisiana · 1935
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