State Ex Rel. Porterie v. Walmsley

I concur in the view expressed by our learned brother below and affirmed by this court in the majority opinion, to the effect that the Attorney General of the State of Louisiana has the right to bring this action.

The trial judge in his reasons for judgment expressly states that he was not passing upon the constitutionality of the statute in question i. e., Act No. 36 of the Second Extra Session of the Legislature of 1934. Therefore, the case must be remanded to the lower court for the purpose of having that issue decided.

As to the issuance of preliminary writ of injunction the record shows…