Fouchaux v. Board of Com'rs

On Rehearing.

MOISE, Justice.

The Legislature, a department of government, did not obey the requirements of its creator in enacting Act No. 365 of 1946, as ordained by Article 3, Section 35, of the Constitution of 1921. This constitutional provision had as its objective certain exactions imposed on the Legislature for the creation of the right to be granted (1) for the waiving of the State’s immunity from suit; (2) for a method of procedure; and (3) for the effect of the judgment to be rendered. Article 3, Section 35 of the Constitution, is a true transcript of the minds of the constitutional…