192J CORNELL UNIVERSITY LIBRARY 'A 'N ' s s n31 > J *s •»«i "soaa aaon*.v9 j waNia laiHdwvd i INDOWVHAVD CONSTITUTION Cornell University Library JK4725 1921 .A6 OF TH STATE OF LOUISIANA ADOPTED IN CONVENTION AT THE CITY OF BATON ROUGE JUNE 18, 1921 BY AUTHORITY Ramlru-JonM Printing Company, Baton Rouge. La. Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030492163 CONSTITUTION OF THE STATE OF LOUISIANA ADOPTED IN CONVENTION AT THE CITY OF BATON ROUGE JUNE 18, 1921 BY AUTHORITY O'&Uv'l- l 1 yKMVIiUtlVY. 1 IMUfcV IK AT/ 5 ASS^&^g* Authority for Holding the Convention. AOT No. 180. House Bill No. 369. By Mr. Chappuis. AN ACT Providing for the submission to the people of a proposition to hold a convention at a designated time, and place for the purpose of framing and putting into effect a new constitu- tion ; providing for the holding of such a convention in the event a majority of the votes cast at the election at which said proposition is submitted be in favor thereof; to fix the powers of said convention; to prescribe the qualifications and compensaticn of, and to provide for the nomination and election of, delegates thereto; and to provide penalties for fraudulent voting or false or fraudulent returns on said 'election or in any primary election held for the nomination of delegates thereto. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That there shall be submitted to the duly qualified electors of the State, at an election to be held on Tuesday, the second (2nd) day of November, 1920, for their approval or re- jection, a proposition to hold a convention for the purpose of framing and putting into effect a new constitution for the State of Louisiana, upon the following terms and conditions, to-wit : (1) The said convention shall convene, in the City of Baton Rouge on Tuesday, the first (1st) day of March, 1921. (2) The said convention shall consist and be composed of one hundred and forty-six (146) delegates, one hundred and eighteen (118) of whom shall be elected from the respective parishes and' representative districts as now provided for representation, in the House, of Representatives, and sixteen (16) of whom shall be elected, two from each Congressional District, and twelve (12) of whom shall be appointed by the Governor. Bach of such delegates shall possess the qualifications prescribed for membership in the House of Representatives. (3) The delegates from the several Congressional Districts shall be nominated by the various political parties at District Conventions to be held on the sixteenth (16th) day of November, 1920, which conventions shall be composed of delegates elected from the various parishes and representative districts' included in each Congressional District at a primary election, which is hereby authorized and ordered' to be held on the second (2nd) day of November, 1920, in which conventions the various parishes and representative districts shall be entitled to such representa- tion as may be ordered and fixed by the State Central Committee of the party holding such conventions; and each District Con- vention shall nominate two (2) candidates for membership in the Constitutional Convention. Arid the delegates from the respective parishes and repre T sentative districts shall be nominated by the various political parties of this State at the primary election herein provided to be held on November second (2nd), 1920, candidacies for seats in which convention may be declared up to October thirteenth (13th), 1920. at which primary election candidates receiving a plurality vote shall be declared the nominees of the party in whose primary they were legally qualified contestants, the re- turns and results of which primary election shall be made _ in accordance with law to the party committee, or authority having legal supervision thereof, and by such authorities duly an- nounced and certified to the Secretary of State ; (4) The said Convention shall have full power to frame and adopt, without submission to the people, a new constitution for the State ; provided, however, that the said convention shall be, and is hereby prohibited from enacting, ordaining or framing any article or provision whereby: (a) The bonded or other indebtedness of the'State, or of any parochial, municipal, levee district, or other political subdivision thereof, shall be affected ; (b) The terms of office of the General Assembly or any of the present State, district, parochial, or municipal officers, whether elected or appointed ; the terms of office of the Chief Justice and Associate Justices of the Supreme Court and Judges of the Courts of Appeal, the District Judges, and district attorneys throughout the State, or the municipal officers of the city of New Orleans, shall be reduced or shortened, or the salaries thereof reduced prior to the expiration of the term of office which they may be holding at the time of the adoption of a new constitution; provided, that retention in office beyond the date of any General Election in 1924 shall depend upon the pro- visions of such constitution. (c) The State Capital may be removed from Baton Rouge. Section 2. Be it further enacted, etc., That said election, except as may be herein specifically directed, shall be held under, and the results published and promulgated in accordance with, the then existing election laws of the State; all duly qualified electors under the then existing laws, shall be entitled to vote at the said election in their respective election precincts; that all electors in favor of such proposition, shall vote "For a constitu- tional convention in accordance with Act No. — , of 1920," and all opposed to such proposition, shall vote "Against a constitu- tional convention in accordance with Act No. — , of 1920." Section 3. Be it further enacted, etc., That should a majority of the votes east in the election herein ordered to be held on the second day of November, 1920, be in favor of the holding of a constitutional convention, then, and in that event, there shall be held on the fourteenth day of December, 1920, a special election for the election of delegates to such convention, which election shall be called by proclamation of the Governor and shall other- wise be held and conducted and the results thereof promulgated in accordance with the election laws of the State. Section 4. Be it further enacted, etc., That the delegate? chosen as herein provided shall meet in convention in the Hall of the House of Representatives, at the State Capitol, at 12 :00 o'clock, noon, on Tuesday the first (1st) day of March, 1921; that the Chief Justice, or, in his absence, any Associate Justice of the Supreme Court, shall attend the said convention at the opening thereof and shall preside until a presiding officer shall have been elected, but he shall have no vote therein; that the Secretary of State shall attend the opening of said convention and call the roll of the delegates; that before organization the Chief Justice, or presiding Associate Justice, as the case may be, shall administer to each delegate the following oath : "I hereby solemnly swear that I will support the constitution and laws of the United States; that I will well and faithfully perform all my duties as a member of the convention, and that I will observe and obey the limitations of authority contained in the Act under which this convention is assembled, So Help Me God"; that no delegate shall be qualified to act as such unless and until he shall have taken the said oath; and that after said oath has been ad- ministered as aforesaid, the delegates shall proceed to effect a permanent organization and to elect such officers as they may deem necessary. Section 5. Be it further enacted, etc., That the delegates to said convention shall receive Fifteen ($15.00) Dollars per diem, and ten ($0.10) cents a mile going to and returning from the place at which the convention shall sit; provided, that no dele- gate shall draw per diem for more than seventy-five (75) days, or be paid for more than three actual returns home during the convention. Section 6. Be it further enacted, etc., That at the election pro- viding for the holding of a constitutional convention and the election of delegates thereto, it shall be the duty of the Commis- sioners and Clerks of Election to correctly tabulate and to make return of the legal vote cast thereon the same as in case of any candidate for any office, and any person violating the provisions of this section by making false, fictitious or fraudulent returns on the proposition submitted, or on the election of delegates to the said convention, shall be deemed guilty of a misdemeanor and punished by a fine of not less than one Hundred ($100.00) Dollars nor more than Five Hundred ($500.00) Dollars, and imprisonment in the parish prison for not less than six (6) months, nor more than one (1) year; and any fraudulent vote by any voter shall subject said voter to prosecution and punish- ment as provided in the General Election Laws of the State. Section 7. Be it further enacted, etc., That, where this Act may be silent on the subject, the elections and primary elections authorized hereunder, shall in all respects be conducted and governed by the existing laws of the State, including offenses, prosecutions, penalties and punishment. Section 8. .Be it further enacted, etc., That the Governor shall make proclamation and give noticp of the election to be held under this Act at least thirty (30) days before the date of said election as hereinbefore fixed. R. F. WALKER, Speaker of the House of Representatives. HEWITT BOUANCHAUD, Lieutenant Governor and President of the Senate. Approved: July 8, 1920. JNO. M. PARKER, Governor of the State of Louisiana. A true copy: JAMES J. BAILET, Secretary of State. Extension of Time of Convention. Resolution No. 117, by Mr. Snyder, introduced April 28, and finally passed April 29 : Whereas, it is apparent that the work of drafting the Constitu- tion cannot be concluded by the 14th day of May, without the sacrifice of that deliberate consideration which should be given to the many important subjects pending in Committees and upon the Calendar of this Convention, and Whereas, The importance of the duties of this Convention should outweigh the consideration of the length of time during which this Convention shall sit, and the expense incident thereto ; Therefore, Be it resolved: First, That the time limit fixed for holding this Convention be and is hereby extended four weeks from May fourteenth, 1921, in order that more deliberate consideration may be given by Committees to unreported ordi- nances, and by this Convention to ordinances already reported. Second : - That the final date heretofore fixed as the date when Committees of the Fourth Class, and the Committee on Educa- tion, should report their schedules, be and is hereby extended one week. ..... -,. Extension from Day to Day. Resolution No. 162y by Mr. Sullivan, 'introduced and under suspension of the rules adopted June 10: Be it resolved, that the Convention remain in session from day to day until it has fully completed its labors, Sundays ex- cepted. Article 1 1 Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Art icle III. Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 11. Sec. 12, Sec. 13. Sec. 14. Sec. 15. Sec. 16. Sec. 17. TOPICAL AND SECTIONAL INDEX. Page. Bill qf Rights. Origin and end of government Due process of law. Private property Liberty of speech or of the press Freedom of religion Right of petition or remonstrance Open courts. Administration of justice 2 Searches and seizures 2 Right to keep and bear arms 2 Rights of accused in criminal prosecutions; trial -jury; venue; indictment, information, and affidavits; double jeopardy 2 Sec. 10. Nature and cause of accusations in criminal prosecu- tions ; peremptory challenges 3 Sec. 11. Self incrimination; forced confessions 3 Sec. 12. Bails and fines. Cruel and unusual punishments.... 3 Sec. 13. Writ of habeas corpus 3 Sec. 14. Subordination of military to civil power 3 Sec. 15. Construction of enumeration of rights 3 Article II. Distribution of Powers. Sec. 1. Three departments of government 3 Sec. 2. Limitations on each department 3 Legislative Department. Bi-cameral legislature 4 Representation in House 4 Division of State into senatorial districts 4 Senatorial districts established by Constitution and apportionment of senators to each 4 Sec. 5. Number and apportionment of representatives in the House ■■ - 6 Sec. 6. When apportionment of senators and representatives may be changed; representation of new parish 6 Sec. 7. Style of laws; repetition of enacting clause un- necessary 7 Sec. 8. Date and duration of legislative sessions; period for introduction of new matter; consideration of emer- gency measures after this period; vacancies 7 Sec. 9. Qualifications of senators and representatives; change of residence vacates seat of senator or represen- tative ; term of legislators 7 Sec. 10. Judging qualifications, election, and return of mem- bers; choosing officers; determining rules of proce- dure ; punishment of members '. 7 Punishment of persons not members of legislature. ■ 8 Disqualification of legislator to hold civil office created or whose emoluments are increased during term ••• 8 Immunities of legislators 8 Compensation of legislators 8 Journal of proceedings of each house required 8 Object and title in legislative enactments. 8 Revival or amendment of law by reference to its title ■ prohibited 8 II TOPICAL AND SECTIONAL INDEX. Page. Article III. Legislative Department — (Continued) Sec. 18. Requirements for the adoption of any system or code of laws ' Sec. 19. Quorum; powers of a smaller number 9 Sec. 20. Power of either house to adjourn without the consent of the other 9 Sec. • 21. Yeas and nays, how ordered 9 Sec. 22. Revenue bills must originate in House of Represen- tatives — • ■ 9 Sec. 23. Defeated measure not to be resubmitted without con- sent of majority of house by which same was rejected 9 Sec. 24. Required procedure in the enactment of laws 9 Sec. 25. Requirements for concurrence in amendments and the adoption of reports of conference committees 9 Sec. 26. Requirements after the passage and enrollment of a bill 10 Sec. 27. When legislative enactments go into effect; publica- tion of acts in book form 10 Sec. 28. Clerical officers of two houses; audit of records of contingent expense committee; donation of unex- pended balances prohibited 10 Sec. 29. Legislator must disclose personal or private interest in any measure 11 Sec. 30. Penalty for offering, providing, or receiving a reward for any official vote; supplies necessary for all departments furnished by lowest bidder; no of- ficer can be interested in such bids 11 Sec. 31. Legislative bureau with advisory powers constituted 11 Sec. 32. Consolidation of related executive and administrative . offices authorized 11 Sec. 33. Employment of convicts in certain public works under state supervision authorized; their lease to private persons or corporations forbidden 12 Sec. 34. How salaries of public officers may be changed 12 Sec. 35.. Procedure and effect of judgment in suits against the State 12 Sec. 36. Duty of legislature to pass arbitration laws 12 Sec. 37. General' laws authorized for certain roads and for drainage 12 Article IV. Limitations. Sec. 1. Specific appropriations for not more than two years required for treasury payments; quarterly state- ment of receipts and expenditures 12 Sec. 2. Prohibition of contractual liability or bonded in- debtedness; rights of the State to the bed of navi- gable streams, lakes, etc.; mineral rights of the State 12 Sec. 3. Extra compensation to any public officer, employee, or contractor forbidden; payment under any un- authorized contract prohibited 13 Sec. 4. Enumeration of prohibited local or special laws 13 Sec. 5. Indirect enactment of local laws prohibited; repeal of local or special laws 14 Sec. 6. Requirements for the passage of permissible local or special laws 14 Sec. 7. Fixing price of manual labor prohibited; minimum wages for females 15 TOPICAL AND SECTIONAL INDEX. Ill Page. Article IV. Limitations— (Continued) Sec. 8. Money for sectarian or private purposes cannot be taken from the public treasury 15 . Sec. 9. Content and arrangement of general appropriation bill ; other appropriations 15 Sec. 10. A specific purpose and a specific amount in each ap- propriation; no contingent appropriation or con- tingent fund 15 Sec. 11< Appropriations during last five days of legisla- tive session prohibited 15 Sec. 12. Loaning, pledging, or granting of funds, credit or property of State or any political subdivision there- of prohibited; neither State nor any political cor- poration thereof allowed to assume liabilities of other political or private corporation; State for- bidden to carry on business of private enterprises or to become part owner therein 16 Sec. 13. Release or extinguishment by legislative action of debt or obligation to State or to its political divi- sions prohibited; taxes on confiscated property re- verting to heirs 16 Sec. 14. Creation of educational or charitable institutions other than those now existing 16 Sec. 15. Ex-post facto law; law impairing obligation of con- tract; divestment of vested rights 16 Sec. 16. Abolishment of forced heirship; creation of substitu- tions, f idei commissa or trust estates 16 Article V. Executive Department, Sec. 1. Officers composing executive department; authority of legislature to consolidate executive offices.... 17 Sec. 2. Supreme executive power vested in Governor; term and election of Governor and Lieutenant Governor; returns of election; Legislature to tabulate and count votes; decision by Legislature in case of a tie 17 Sec. 3. Qualifications of Governor or Lieutenant Governor 17 Sec. 4. Beginning of term of Governor and Lieutenant Gov- ernor 18 Sec. 5. Salary of Governor and Lieutenant Governor 18 Sec. 6. Vacancy in the office of Governor, how filled; in- ability of Governor to act as such 18 Sec. 7. Compensation of acting Governor 18 Sec. 8. Lieutenant Governor ex-officio President of Senate; president pro tempore of Senate 18 Sec. 9. Vacancy in office of Lieutenant Governor 18 Sec. 10. Governor's power to reprieve; the Board of Pardons and the pardoning power 18 Sec. 11. Appointing powers of Governor 19 Sec. 12. Governor's power to fill vacancies 19 Sec. 13. Governor's right to reports from executive depart- ments ; messages to Legislature 19 Sec. 14 Governor's duty in law enforcement; his power to convene special sessions of Legislature; power of legislators to convene special sessions; limitations on special sessions 19-20 Sec. 15. Governor's approval or disapproval of bills; pas- sage of vetoed bills; delivery of bills to Governor and time allowed for his action thereon; effect of Governor's failure to act within limits 20 IV TOPICAL AND SECTIONAL INDEX. Page. Article V. Executive Department — (Continued) Sec. 16. Veto of items in appropriation bills 21 Sec. 17. Action of Legislature not requiring Governor's signa- ture 21 Sec. 18. Executive officers, how chosen; vacancies ... '. '21 Sec. 19^ Treasurer ineligible to succeed himself 21 Sec. 20. Salaries of executive officers; fees collected by Secre- tary of State and Register of Land Office; clerical expenses of executive offices 21-22 Sec. 21. Commissions, authority of; how signed, sealed, and countersigned 22 Article VI. Administrative Officers and Boards. Sec. 1. Policy of State concerning natural resources; De- partment of Conservation created; Commissioner of Conservation 22 Sec. 2. Forestry policy of State 22 Sec. 3. Louisiana Public Service Commission, qualifications, salary, and term of members; Secretary and other employees; domicile of Commission 22 Sec. 4. Powers of Public Service Commission 23 Sec. 5. Orders of Public Service Commission, when effective; how set aside or restrained; penalties and judicial review . . 24 Sec. 6. Penalties for violating rates, etc., or orders etc., of Public Service Commission 24 Sec. 7. Effect on local regulation and control of creation of Public Service Commission 25 Sec. 8. Public Service Commission Districts 25 Sec. 9. Laws affecting Railroad Commission enacted, since 1898 made applicable to Public .Service Commis- sion 25-26 Sec. 10. Board of Charities and Corrections 26 Sec. 11. Boards of health. State health officer. .Qualifications and appointment of members of the. State Board of Health 26 Sec. 12. Policy of the State concerning medicine^ medical pro- fessions, and food and drinks 26 Sec. 13. Department of Agriculture and Immigration; Com- missioner of Agriculture and Immigration 27 Sec. 14. Policy of State relating to agriculture and immigra- tion 27 Sec. 15. Fire Marshal of Louisiana 27 Sec. 16. Board of Commissioners of the Port of New' Orleans power to incur bonded indebtedness; power to refund bonded indebtedness; exemptions and privi- . leges of bonds; (powers and duties of Board in rela- tion to Navigation Canal; duties of State Treas- urer; audit of Board's accounts 27,28 29 30 31 3'' Sec. ,17. Appointment and removal of, members of Board of ' Commissioners of the Port of New Orleans. Power of Board over its executive, engineering, clerical and other departments 32 Sec. 18. State Bank Commissioner ". .,.'."" 33 Sec. 19. State highways and bridges, policy." of State "with reference to Sec. 20. Road districts authorized to' impose a graduated con '- tribution or benefit, tax on all property situated therein ....,.„...;.,. „. 33 TOPICAL AND SECTIONAL INDEX. Page. Article VI. Administrative Officers and Boards — (Continued) Sec. 21. General highway fund to be expended to perfect a general highway system with ultimate reimburse- ments of parishes 34 Sec. 22. Sources of the general highway fund 34 Sec. 23. Continuance of existing highway laws 34 Sec. 24. New Orleans-Chef Menteur and New Orleans-Ham- mond highways 35 Article VII. Judiciary Department. Sec. 1. Judicial power, how vested. Judges conservators of the peace. Style of process and prosecutions. Judges to give reasons for judgment. Appeals on main amd incidental demands 35 Sec. 2. Certain writs may be issued by Supreme Court, Courts of Appeal, and District Courts 35, 36 Sec. 3. Judges to perform judicial functions only. Not to practice law. Judges of city courts excel ted 36 SUPREME COURT. Sec. 4. Supreme Court, how composed. Number necessary to render judgment. Judges of other courts, when called upon 36 Sec. 5. Court may sit in divisions. Three necessary to ren- der judgment. Judges of Courts of Appeal called, in, when necessary. Applications for rehearings, how considered 36 Sec. 6. How court shall sit in divisions. How cases con- sidered. Qualifications, terms, and salaries of justices. Justices chosen by election 36, 37 Sec. 7. Terms of office of justices of Supreme Court. Vacan- cies, how filled. Vacancy in office of Chief Justice. Who to be presiding justice .'87, 38 Sec. 8. Retirement, with or without pay, of judges of Su- preme Court, Courts of Appeal and District Courts 38 Sec. 9. State divided into six Supreme Court districts. One justice elected from each district except First District, from which two elected. Composition of said districts * 38,39 Sec. 10. Supervisory jurisdiction of Supreme Court. Its ori- ginal jurisdiction. Its appellate jurisdiction in civil cases. Its appellate jurisdiction in criminal cases.. 39, 40 Sec. 11. Supreme Court may require, by certiorari or other- wise, cases to be certified from Courts of Appeal to it for review 40,41 Sec. 12. Supreme Court empowered to assign judges of Dis- trict Courts to other District Courts and to Courts of Appeal, also to require inferior courts to report on business before them 41 Sec. 13. Legislature to provide for payment of district judges a,nd judges of Courts of Appeal when sitting in other courts 41,42 Sec. 14. Supreme Court to sit in New Orleans 42 Sec. 15. Empowered to appoint and remove clerks 4? Sec 16. Legislature to provide buildirigs for said court; also to provide for its library arid for the State library 42 Sec. 17. Decisions of Supreme Court and Courts of Appeal, how reported and published. Stenographic assist- ance for Supreme Court : 42 • Sec. 18. Order of trial of appeals in Supreme Court.-. 42 VI TOPICAL AND SECTIONAL INDEX. Page. Article VII. Judiciary Department— (Continued) COURTS OP APPEAL. Sec. 19. Courts of Appeal, how composed. Qualifications, sal- aries, and terms of office of judges of that court. .42, 43 Sec. 20. Court of Appeal circuits and districts for parishes not within jurisdiction of Court of Appeals for the parish of Orleans. Three judges for each circuit, one for each district 43, 44 Sec. 21. Present Courts of Appeal recognized and confirmed. Judges chosen by popular election. Vacancies, how filled 44 Sec. 22. Domicile of Court of Appeal, First Circuit 44 Sec. 23. Domicile of Court of Appeal, Second Circuit 44 Sec. 24. Sessions of Courts of Appeal. Appeals, when return- able. Notice of judgment, how given 44,45 Sec. 25. Certification of questions of law by Courts of Ap- peal to Supreme Court 45 Sec. 26. Number necessary to render judgment in Courts of Appeal. Cases, how considered and decided. Judges ad hoc called upon when necessary 45 Sec. 27. Cases appealed to said courts triable on original records. Rules of Supreme Court applicable 45 Sec. 28. Sheriffs and clerks of Courts of Appeal, First and Second Circuits. Limit of costs of appeal to said courts. Suitable quarters to be provided 45,46 Sec. 29. Jurisdiction of Courts of Appeal. Appeals to be both on law and facts 46 Sec. SO. Congested dcckets of said courts, how relieved 46 DISTRICT COURTS. Sec. 31. State divided into judicial districts; their compo- sition 46, 47, 48 Sec. 32. Allotment of district judges to the several districts.. 48 Sec. 33. District judges elected by popular vote. Their qualifi- cations and terms of office 48 Sec. 34. Legislature may rearrange districts, and change num- ber of judges 48 Sec. 35. Salaries of district judges. Jurisdiction of District Courts, except in parish of Orleans 48, 49 Sec. 36. Jurisdiction of District Courts, continued 49 Sec. 37. Procedure in said courts, exercising concurrent juris- diction with justices of the peace. Powers of clerks 49 Sec. 38. Trial of cases in District Courts, when judges recused 49 Sec. 39. Time of court service credited in determining eli- gibility as justice or judge 50 Sec. 40. No judge, during his term, to be affected in his term of office, salary, or jurisdiction as to amount 50 Sec. 41. Election and drawing of jurors. Women exempt un- less they declare desire to serve. Cases of varying gravity triable in different ways 50 Sec. 42. Grand juries provided for. Powers of district judges in cases of minor gravity 50 Sec. 43. Sessions of District Courts. Written findings of fact and reasons for judgment, in certain cases 50, 51 Sec. 44. No waiver of service or confession of judgment be- fore maturity of obligation. Exception 51 Sec. 45. Change of venue 51 TOPICAL AND SECTIONAL INDEX. VII Page. Article VII. Judiciary Department — (Continued) JUSTICES OF THE PEACE AND CONSTABLES. Sec. 46. Police juries outside Orleans may divide parishes into justice of the peace wards. Legislature may reduce number of justices, or abolish the office . Present number to remain temporarily 51 Sec. 47. Qualifications, method of election, and terms of of- fice of justices of the peace 51 Sec. 48. Jurisdiction and powers of justices of the peace 51,52 Sec. 49. Constables for justices' courts; how elected; term of office and qualifications 52 Sec. 50. Compensation of justices of the peace and constables 52 MUNICIPAL COURTS. Sec. 51. Legislature may abolish justice of the peace courts in certain wards, and substitute courts of limited jurisdiction, with power to perform marriage cere- monies. May also confer on certain city courts limited civil jurisdiction, concurrent with that of the District Courts. Appeals from said courts. Compensation of judges of said courts. Method of election. Jurisdiction of municipal officers over violation of municipal ordinances 52, 53 JUVENILE COURTS. Sec. 52. Juvenile Court in every parish. District judge ex- ■ officio judge thereof in parishes other than Orleans. Separate sessions and records required. Legisla- ture may create office of judge of Juvenile Court for certain parishes; and shall fix his qualifica- tions, salary and tenure of office. Jurisdiction of said courts '. 53, 54 Sec. 53. Legislature to prescribe procedure, to provide officers, and make other necessary provisions for said courts. Expenses of said courts. Clerks of District Courts ex-officio clerks of Juvenile Courts 54 Sec. 54. Appeals from Juvenile Courts 54 DEPARTMENT OF JUSTICE. Sec. 55. Department of Justice — Attorney General, assistants, and office force. Election, appointment, term and tenure of office 54 Sec. 56. Qualifications, duties, and powers of Attorney General &nd assistants. Vacancy in that office, how filled. 54, 55 Sec. 57. Salaries of Attorney General and assistants 55 DISTRICT ATTORNEYS. Sec. 58. District Attorneys; how elected; term of office 55 Sec. 59. Compensation and qualifications of district attorneys 55 Sec. 60. Assistant District Attorneys 55, 56 Sec. 61. Their qualifications and powers 56 Sec. 62. Their compensation 56 Sec. 63. District attorneys and assistants may not defend in criminal prosecutions 56 Sec. 64. Above provisions as to salaries of district attorneys and assistants, when effective. Temporary provi- sions ior Jees 56 VIII TOPICAL AND SECTIONAL INDEX. Page. Article VII. Judiciary Department — (Continued) SHERIFFS. See. 65. Sheriff and ex-officio tax collector for each parish, Orleans excepted. Separate bond in each capacity. No discharge before exhaustion of remedy to collect taxes 56,57 CLERKS. Sec. 66. Clerk of District Court for each parish, Orleans ex- cepted. Legislature may vest certain powers in clerks 57 See. 67. Deputy clerks. Vacancy in clerk's office 57 Sec. 68. Clerk to give bond 57 VACANCIES. Sec. 69. Vacancies in office of district judge, district attorney, sheriff, or clerk, how filled _ 57 CORONERS. Sec. 70. Coroner for each parish, Orleans excepted 57 Sec. 71. Coroner to be doctor of medicine. This article in- 'applicable, when. To act in place of sheriff, in certain cases 58 Sec. 72. Vacancy in office of coroner, how filled 58 FEES. Sec. 73. Legislature to provide general fee and cost bill. Com- pensation of officials. Service of process by liti- gants themselves 58 Sec. 74. Present compensation of sheriffs and clerks to stand until changed. Special provisions regarding com- pensation of sheriffs 58,59 COURTS AND OFFICERS FOR THE PARISH OF ORLEANS. Sec. 75. Qualifications of judicial officers of the Parish of Orleans 59 COURT OF APPEAL, PARISH OF ORLEANS. Sec. 76. Court of Appeal, Parish of Orleans, how composed. Domicile, sessions, and quorum of said court. Its judges, how elected; terms of office and salaries.. 59 Sec. 77. Jurisdiction of said court 59 Sec. 78. What appeals returnable to said court.'!!! 59 60 Sec. 79. Officers of said court, other than judges, provisions relative to 60 CIVIL DISTRICT COURT, PARISH OF ORLEANS. Sec. 80. Civil District Court, Parish of Orleans, how com- posed. Election, terms, and compensation of judges. Supreme Court to assign two judges from other dis-" tncts, for a limited period. Compensation of said judges. Rules for despatch of business prescribed by Supreme Court , 60 Sec. 81. Jurisdiction of said court. Laws to'be enacted cover- ing Articles 134 to 138, Constitution of 1898; said articles temporarily effective. Order of preference for trial - of cases. .'.'. ; 60 61 TOPICAL AND SECTIONAL INDEX. IX Page. Article VII. Judiciary Department — (Continued) CRIMINAL DISTRICT COURT, PARISH OF ORLEANS. Sec. 82. Criminal District Court for the Parish of Orleans, how composed. Election, terms, and salaries of judges. Present judges of Criminal District Court, of First and Second City Criminal Courts, and an additional judge, to constitute said court. Five sections of said court. Sessions in one building. Clerk and deputies; their salaries 61, 62 Sec. 83. Jurisdiction and powers of the Criminal District Court for the Parish of Orleans 62 Sec. 84. Unfinished business in present criminal courts of New Orleans transferred to said Criminal District Court 62, 63 Sec. 85. Stenographers, minute clerks, and deputy sheriffs for said court. Vacations and absences 63 ALLOTMENT. Sec. 86. Allotment of cases in Criminal District Court. Adop- tion of rules. Affidavits, how taken and filed 63 Sec. 87. Legislature may, after January 1, 1924, change or repeal above provisions relating to criminal courts of New Orleans 63 Sec. 88. Compensation of certain officers of the parish of Or- leans and City of New Orleans 63, 64 Sec. 89. Clerks, sheriffs, and other officers of the Parish of Orleans and City of New Orleans. Election and terms of office. Existing provisions of law effective till changed by the Legislature. 64 CITY COURTS FOR THE CITY OF NEW ORLEANS. Sec. 90. First City Court of New Orleans, how composed. Election, terms of office, and salaries of its judges 64 Sec. 91. Jurisdiction of said court. Appeals therefrom, how tried and disposed of. Its jurisdiction, concurrent with that of the Civil District Court. Cases within said concurrent jurisdiction, how tried. Costs, of- ficers, and process. Judges may celebrate mar- riages, and execute commissions to take testimony. Cases allotted as in Civil District Court 64,65,66 Sec. 92. Second City Court of New Orleans.. Jurisdiction. Its officers; their compensation, qualifications, and authority; election and terms of office. Appeals therefrom, how governed. Written pleadings, unless otherwise provided 66 Sec. 93. Method of filling vacancies in various offices in parish of Orleans 66 RECORDERS. Sec. 94. Qualifications, jurisdiction, election, and removal of judges of Recorders' Courts in New Orleans 66,67 JUDICIAL EXPENSE FUND. Sec. 95. Judicial Expense Fund, Parish of Orleans, how realized and expended. Control of said fund, and various administrative functions, vested in judges of Civil District Court.. 67,68 TOPICAL AND SECTIONAL INDEX. Page. Article VII. Judiciary Department— (Continued) THE JUVENILE COURT. Sec. 96. Juvenile Court, Parish of Orleans. Jurisdiction. Ap- peals therefrom to Criminal District Court. Su- preme Court may review judgments of latter court. Prosecutions may be by affidavit. Until otherwise provided, said court governed as before adoption of this Constitution. Judge of said court, his saiary, term of office, and method of election 68 Sec. 97. Election of officers in New Orleans, when held. Judges of courts named in this section to serve until end of year in which terms expire. Their successors, when elected 68, 69 Article VIII. Suffrage and Elections. Sec. 1. Right to vote after January 1, 1922. Qualifications of electors. Registration required. Provisions as to character and literacy; latter, how demonstrated; blank application for registration. Ability to read and interpret any constitutional clause. Persons un- able to read or write entitled to register when pos- sessing certain qualifications of character, etc., Identity to be established 69,70,71 Sec. 2. Poll taxes required of persons less than sixty years of age, to entitle them to vote. Proof of payment of poll taxes. Fraud, corrupt payment, etc. Provisions of this article, when inapplicable 71,72 Sec. 3. Qualifications of taxpayers as voters. No voting by proxy 72 Sec. 4. Primary elections, conventions, etc. Who may vote therein. Representation in political conventions. Eligibility as delegate to political convention 72 Sec. 5. Remedy of voter denied registration. Procedure with respect to names illegally on registration rolls. Prosecution for illegal registration or voting 72,73 Sec. 6. Certain persons may not register, vote, or hold office 73 Sec. 7. Elections, how conducted 73 Sec. 8. Electors privileged from arrest during elections 73 Sec. 9. General State election, when held. Presidential and Congressional elections 73,74 Sec. 10. Parochial elections, except in Orleans, when held. Elections in New Orleans, when held. Terms of officers chosen 74 Sec. 11. For purpose of voting, no gain or loss of residence un- der certain circumstances 74 Sec. 12. Trial of contested elections 74 Sec. 13. Eligibility to office dependent on qualifications as elector. Rule inapplicable to superintendents of public schools 74 Sec. 14. Returns of elections 75 Sec. 15. All elections, except certain specified ones, to be by official ballot. Device for voting straight ticket. Provision for voters not voting straight ticket. Secrecy of ballot. Independent candidates. Names written. Provisions inapplicable to tax elections.. 75 Sec. 16. No registration within thirty days of an election. Cer- tain saving clauses to preserve rights of voters 75, 76 TOPICAL, AND SECTIONAL, INDEX. XI Page. Article VIII. Suffrage and Elections— (Continued) Sec. 17. Registration of voters 76 Sec. 18. Registrars of voters. Bond, oath, and compensa- tion of registrars. State Board of Registration. First Registrar, when appointe'd. New registration, January 2, 1922. Vacancy in office of Registrar, how filled. Ex-registrar temporarily ineligible to other office. No other person to exercise powers of Registrar 76 Sec. 19. Testimony in election matters. Immunity of per- sons charged with bribery, testifying thereto 77 Sec. 20. Right to serve as commissioner at the polls 77 Sec. 21. Right to register after removal 77 Sec. 22. Absentee voting 77 Sec. 23. Corrupt inducements in regard to voting penalized by disfranchisement and exclusion from office. Grand juries and district attorneys to enforce the pre- ceding paragraph. This section self -operative. .77, 78 Article IX. Impeachment and Removal from Office. Sec. 1. Impeachment of state and district officers 78 Sec. 2. Impeachments by House of Representatives; trials by Senate. Result of conviction. Governor not suspended 78,79 Sec. 3. Removal of officers on address of Legislature 79 Sec. 4. Judges of the Supreme Court, how removed 79 Sec. 5. Judges of courts of record, how removed 79 Sec. 6. Various officers, except Governor, Lieutenant-Gov- ernor, and judges of courts of record, how re- moved 79, 80 Sec. 7. Citation in suits to remove. Appeals. Effect of suit for removal. Costs to successful defendant 80 Sec. 8. Suspension of officer entrusted with public funds, when in arrears 80 Sec. 9. Recall of officers, except judges of courts of records 80 Article X. Revenue and Taxation. Sec. 1. Power of taxation vested in Legislature. Inalienable. Taxes uniform and for public purposes only. Assessment and classification. Income taxes may be levied after May 1, 1924. Contracts authorized to fix valuation of denuded lands 80,81 Sec. 2. Louisiana Tax Commission, how composed; its powers. Members, how appointed; terms of of- fice ; salaries 81 Sec. 3. Rate of State taxation 81, 82 Sec. 4. Property exempt from taxation ,. 82, 83 Sec. 5. Public corporations and boards may exercise power of taxation 83, 84 Sec. 6. Assessment and collection of local taxes 84 Sec. 7. Inheritances and donations, taxes upon 84 Sec. 8. License taxes. Exemptions. Limitation 84 Sec. 9. Taxation of Federal Reserve banks and banks do- miciled outside of State 84, 85 Sec. 10. Special local taxes for certain public purposes. Limi- tation. City of New Orleans may levy, for zoolo- gical garden. Parish of Sabine, for court building. 85, 86 XII Sec. 16. Sec. 17. Sec. 18. TOPICAL AND S ECTIONAL INDEX. Page. Article X. Revenue and Taxation— (Continued) Sec. 11. Collection of taxes; tax sales; tax coUeotortf deeds Conditions under which tax sales set aside. Quiet ing tax titles. Taxes on movables. Collector may levy on incorporeal rights, when. Procedure by ^ rule ' ' 07 Sec. 12. Real estate valued at actual cash value...... •• Sec. 13. Legislature may authorize political subdivisions to levy local assessments for works of public improve- ment ' ' ' ' " " ' ' ' ". Sec. 14. Regulations for collection. of State taxes apply to local ^ Sec. 15. Survey and maps of property for assessment P ur " 01, oa poses . Rolling stock of owners without Louisiana domicile, how assessed and taxed ° No local license tax on certain vehicles »» No process to restrain collection of taxes. Other remedy Sec. 19. Temporary and limited exemption from municipal taxes of homes in certain cities 8S Sec. 20. Certain forfeitures and adjudications to the State for non-payment of taxes, annulled. Payment of un- paid taxes on property involved, enforceable for limited time 88 Sec. 21. State severance tax on natural resources. No further tax on oil or gas rights, nor additional value to land, due to oil or gas. Existing laws temporarily effective. Legislature to allocate portion of sev- • erance tax on oil or gas to parish where collected. Distribution of funds thus allocated to parishes.. 89 Article XI. Homestead Exemptions. Sec. 1. Homestead and certain specified property, to the value of $2,000, exempt from seizure and sale. Beneficiary entitled to $2,000, if more realized. Benefit, how modified for husbands. Who may claim 90 Sec. 2. No impairment of existing homestead rights. Ex- emption shall not apply to certain debts. No execution, except for said debts, against property exempted as a homestead 90 Sec. 3. Sale or waiver of homestead. Waiver in case of married persons. Recordation 90, 91 Sec. 4. Homestead to be recorded in parish of Orleans 91 Article XII. Public Education. Sec. 1. State educational system, how constituted 91 Sec. 2. Coordination of educational institutions so as to lead to standard of State University 91 Sec. 3. Studies in elementary schools; constitutional govern- ment included 91 Sec. 4. State Board of Education, how composed; appointive and elective members; terms of office. Appoint- ive members to be experienced in educational mat- ters. Service of members gratuitous. Duties and powers of said board 92 Sec. S. Foard to elect for four years a chairman and a State 1 Superintendent. Salary of latter. Removable by board 92 TOPICAL, AND SECTIONAL' INDEX. XIII Page. Article XII. Public Education— (Continued) Sec. 6. Board controls public schools 92 See. 7. Louisiana State University and Agricultural and Mechanical College, how governed. State Board of Education, powers over other higher educational institutions. Said board to prescribe qualifications •of teachers; empowered to approve private schools 92 Sec. 8. No department involving expense, unless authorized by Legislature 92 • Sec. 9. Enumeration of State higher educational institutions. Provision for their support and maintenance 92,93 Sec. 10. Parish school boards and superintendents 93 Sec. 11. Existing local boards and systems recognized 93 Sec. 12. School exercises in English 93 Sec. 13. No public funds for private or sectarian schools.... 93 Sec. 14. State school funds, to consist of what. Distributed to parishes in proportion to number of educable chil- dren 94 Sec. 15. Parish taxes for schools. Special provisions for cer- tain municipalities. No per capita payment by Ouachita parish for Monroe city school 94,95 Sec. 16. Orleans parish school tax, how levied and expended. Orleans Parish School Board may incur indebted- ness and issue bonds, for school grounds and buildings 95, 96 Sec. 17. Louisiana State University and Agricultural and Mechanical College, provision for maintenance and support ■ 96 Sec. 18. Proceeds of lands granted by Congress for school purposes, how credited 96, 9T State's debt to free school fund . . '. 97 State's debt to seminary fund 97 State's debt to Agricultural and Mechanical College fund 97 Above funds to be kept separate 97 Retirement fund for teachers 97 Tulane University of Louisiana recognized 97 Corporations and Corporate Rights. Limitation on corporate holding of real estate 97 Stock or bonds issuable only for value received. .... .97, 98 Railroads declared public highways. Other provi- sions ■ 98 Every corporation to maintain office in State. Books subject to inspection 93 Laws to be enacted regulating corporations and prohibiting monopolies 98 Certain corporations given right to utilize navigable streams. Property of said corporations to revert to State 98 No perpetual franchises or privileges 99 The term "corporation" defined 99 Parochial and Municipal Affairs. Organization of new parishes 99 Special election required for change of parish lines or removal of parish seat 99 Optional plans of parochial government 99 Merger of contiguous parishes 99 Sec. 19. Sec. 20. Sec. 21. Sec. 22. Sec. 23. Sec. 24. Article XIII Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. 'Sec. 6. Sec. 7. Sec. 8. Article XIV, Sec. 1. Sec. 2. Sec. 3. Sec. 4. XIV TOPICAL AND SECTIONAL INDEX. Page. Article XIV. Parochial and Municipal Affairs— (Continued) Sec. 5. Assignment of property and debts to created or en- larged parish 90 Sec. 6. Parishes and municipalities authorized to acquire property for navigation canals 100 Sec. 7. Withdrawal of city or town from taxing jurisdiction of parochial authority .'. .' 100 Sec. 8. Limit of tax for parochial purposes in cities and towns 100 Sec. 9. Election, terra, duties and compensation of tax assessor 100 Sec. 10. Consolidation oi two or more municipalities, and provision for outstanding bonds issued by each.... 100 Sec. 11. Limit of parish tax for all purposes 100 Sec. 12. Limit of municipal tax for all purposes 101 Sec. 13. Ratification of Act. 110 of 1916 101 Sec. 14. (a) Subdivisions of State authorized by vote of prop- erty taxpayers to incur debt and issue bonds 101 Sec. 14. (b) Purposes of bond issue by parishes, municipal- ities, and school districts; title to property acquired thereby 101, 102 Sec. 14. (c) Creation of road districts, sub-road districts, and sewerage districts, with power to issue bonds.... 102 Sec. 14. (d) Creation of gravity drainage districts and suh- drainage districts with power to issue bonds 102 Sec. 14. (e) Residue of tax authorized by constitution may be funded into bonds running not more than ten years for certain parochial and municipal purposes.... 103 Sec. 14. (f) Limit to bonded indebtedness incurred by any subdivision of the State 103 Sec. 14. (g) Refunding of outstanding indebtedness by any subdivision of State 103, 10* Sec. 14. (h) Bond issue by subdivisions, period of and interest on; must be sold for not less than par; beginning of redemption 1Q4 Sec. 14. (i) Collection of taxes enforceable in any court of competent jurisdiction 104 Sec. 14. (j) Legislature may authorize taxing officers of State or parish to collect taxes required for payment of principal and interest on bonded indebtedness of subdivisions 104 Sec. 14. (k) How parish may assume debt of road district wholly within such parish 10 $ Sec. 14. (1) Conditions under which authorized bonds may be issued and sold ' 1Q - Sec. 14. (m) Municipalities may issue bonds for acquisition extension, or improvement of revenue producing - public utility ' 10f . Sec. 14. (n) Legality of election, tax, or bond 'issue must be contested within sixty days of the date of promul- gation; incontestable thereafter 106 Sec. 15. Legislature shall provide for civil service' in mun- icipalities with population of 100,000 or more 106 Sec. 16. Servitudes acquired by prescription ' 106 Sec. 17. Expenses incurred by parishes arising from "crimes committed by inmates or employees of state penal institutions located therein to be reimbursed by State 106 TOPICAL, AND SECTIONAL INDEX. XV Page. Article XIV. Parochial and Municipal Affairs — (Continued) Sec. 18. Municipalities empowered to own and operate ice factories 108 Sec. 19. Parochial, ward, or municipal aid to railways, water transportation lines, water works, electric light or power plants authorized 106 ;Sec. 20. Board of Assessors for the Parish of Orleans 107 Sec. 21. Tax collector for the City of New Orleans, election, term, salary; fees and office expenses 107 Sec. 22. Electors of City of New Orleans secured the rights to choose public officers therein, with certain excep- tions 107 Sec. 23. Ratification of special tax voted by- property tax- payers of New Orleans on June 6, 1899; provisions relative to Sewerage and Water Board of City of New Orleans; issue of improvement bonds to the extent of eight million dollars ratified 108,109 Sec. 24. Board of Liquidation, City Debt; rights, powers duties, and functions of • 109 Sec. 25. Special tax for a double platoon system in the fire department and a triple platoon system in the police department authorized in Xew Orleans.... 109 Sec. 26. Public Belt Railroad and Public Belt Railroad Com- mission, City of New Orleans 110 Sec. 27. Serial bonds not to exceed five million dollars, author- ized in New Orleans on recommendation of Public Belt Railroad Commission. Bonds to be known as New Orleans Public Belt Railroad Bonds and to be paid out of revenues of Public Belt Railroad Ill Sec. 28. City of New Orleans, acting through Public Belt Rail- road Commission, granted exclusive power to bridge Mississippi river at or near New Orleans; to ac- quire and operate railroad facilities; bonds author- ized for these purposes, and security therefor; pay- ments due while bridge and appurtenances are under construction; immunities of bridge and re- lated property; powers of Public Belt Railroad Commission HI. H z > 113 Sec. 29. Municipalities authorized to zone their territory 113 Sec. 30. Riparian owners of property on navigable streams and lakes within limits of municipality having more than 5000 inhabitants may erect and maintain on banks or batture owned by them certain improve- ments, subject to rights of public enumerated herein' , 113 . 114 Article XV. Drainage Districts. Sec. 1. Legislature authorized to provide for drainage and reclamation of marsh, swamp, and overflowed land; to create agencies and drainage districts therefor; to impose taxes and forced contributions on lands benfited by such drainage; to issue bonds therefor without pledging credit of State, and to cooperate with Federal Government in drainage and recla- mation projects 114 Sec. 2. Existing laws relative to drainage districts continued till provisions of this constitution carried into effect 114 XVI TOPICAL AND SECTIONA L INDEX. Page. Article XVI. Levees. Sec. 1. Levee system provided for; state tax for mainte- nance thereof Sec. 2. Permissible taxation in each district for construction and maintenance of levees 115 Sec. 2. Legislature may authorize funding of levee taxes and other revenues 115 See. i. Levee districts partly in an adjoining state 115 Sec. . 5. Cooperation with Federal Government in construction and maintenance of levees authorized H& Sec. 6. Compensation for land and improvements used or destroyed for levee purposes; authorized taxa- tion for such compensation 115 Sec. 7. (a) Power of Board of Levee Commissioners of Or- leans Levee District to construct and maintain levees on Lake Pontchartrain and elsewhere 116- Sec. 7. (b) Means granted Board of Levee Commissioners of Orleans Levee District for exercise of powers.... 116 Article XVII. Militia. » Sec. 1. Militia, its government, organization and discipline.. 116 Sec. 2. Governor commander-in-chief of militia; his powers 11& Sec. 3. Adjutant General, his appointment and office 117 Sec. 4. Preservation of military records, banners and relics 117 Article XVIII. Pensions. Sec. 1. Provisions for Soldiers' Home 117 Sec. 2. Pensions for Confederate Veterans and their widows. . 117 Sec. 3. Tax levied for pensions 117 Sec. 4. Maintenance of a memorial hall for preservation of relics and mementoes of Civil War; authorization of markers and monuments to Louisiana soldiers on battlefields of the country 117 Sec. 5. Authorization of a mothers' pension 118 Article XIX. General Provisions. Sec. 1. Oath of office prescribed 118 Sec. 2. Seat of government 118. Sec. 3. Definition of treason; evidence necessary for con- viction ii §, Sec. 4. Tenure of office under the United States, or any other state, or any foreign country disqualifies ror office in Louisiana; ' dual office holding 118 Sec. 5. Laws may be suspended by the Legislature only, or by its authority " jjj Sec. 6. All officers to discharge duties until successors are inducted into office US Sec. 7. Quartering of soldier, sailor, or marine ........ 118- Sec. 8. Gambling pronounced a vice and laws enjoined ' for its suppression; gambling in futures against public policy; lotteries and the sale of lottery tickets prohibited 118,119. Sec. 9. In all proceedings for libel the truth thereof may be given in evidence. Jury in all criminal cases shall be judges of law and facts after charge by presid- ing judge as to law applicable to case 119. Sec. 10. Pees or perquisities of office 119 Sec. 11. Persons entrusted with collection or' custody of' public money ineligible to public office before discharge for such money; suspension of officials when they fail to account for public money 119, TOPICAL AND SECTIONAL INDEX. XVII Page. Article XIX. General Provisions — (Continued) Sec. 12. Definition of bribery and penalties therefor 119 Sec. 13. Testimony in bribery cases cannot be withheld on ground of self-incrimination 120 Sec. 14. Prohibition of monopolies, trusts, combinations, or conspiracies in restraint of trade; duty to institute legal proceedings and penalties 120 Sec. 15. Acceptance or use by public officers of free pass, free transportation, franking privilege or discrimination in passenger, telegraph, or telephone rates made illegal. Penalties for violating this provision and for offering such benefits. Testimony in such cases 120, 121 Sec. 16. Prescription against the State in civil matters 121 Sec. 17. Power of courts to punish for contempt 121 Sec. 18. Police power of the state 121 Sec. 19. Mortgages or privileges on immovable property or debts for which preference may be granted must be recorded to affect third parties. Privileges on movable property 121 Sec. 20. New Basin Canal and Shell Road and their appurte- nances; Carondelet Canal and Bayou St. John and their appurtenances; acquisition of Carondelet Ca- nal and Navigation Company by State 121,122 Sec. 21. Aliens ineligible to citizenship of the United States denied right to own land or any real rights or interests therein. 122 Article XX. Penitentiary. Sec. 1. Bond issue not exceeding one million dollars author- ized for acquisition by purchase or expropriation of land adjacent to Angola Plantation, for building a. new levee system around the enlarged plantation, and for reconstructing drainage system. Security for these bonds, provisions for their issuance; pay- ment of principal and interest 122, 125 Article XXI. Amendment to the Constitution. Sec. 1. Propositions to amend constitution may be made dur- ing first thirty days of any legislative session; must be read on three separate days in both houses; must be concurred in by two-thirds of members elected to each house by a yea and nay vote; must be published in one newspaper in each parish twice within not less than thirty nor more than sixty days preceding election, and must be ap- proved by majority of electors voting thereon 123, 124 Sec. 2. Legislature may pass laws to carry amendment into effect when same is submitted 124 Article XXII. Schedule m Article XXIII. Loan to defray expenses of the Convention 128 Article XXIV. Continuing cases on docket of any court in which any member of this Convention is interested 12* Article XXV. Special session of Legislature convened by Constitution.... 12» Article I. Sections 1-5. CONSTITUTION OF LOUISIANA PREAMBLE We, the people of the State of Louisiana, grateful to Almighty God for the civil, political and religious liberties we enjoy, and desiring to secure the continuance of these blessings, do ordain and establish this Constitution. ARTICLE I. BILL OP RIGHTS. Section 1. All government, of right, originates with the Origin and end of t - j. . ... government. people, is rounded on their will alone, and is instituted solely for the good of the whole. Its only legitimate end is to secure justice to all, preserve peace and promote the interest and hap- piness of the people. Section 2. No person shall be deprived of life, liberty or Due process of property, except by due process of law. Except as otherwise erty. prop provided in this Constitution, private property shall not be taken or damaged except for public purposes and after just and adequate compensation is paid. Section 3. No law shall ever be passed to curtail or restrain Liberty of speech i-i i or of the press. the liberty oi speech or of the press ; any person may speak, write and publish his sentiments on all subjects, being respon- sible ^or the abuse of that liberty. Section 4. Every person has the natural right to worship Freedom of re'n- God according to the dictates of his own conscience. No law shall be passed respecting an establishment of religion, nor pro- hibiting the free exercise thereof; nor shall any preference ever be given to, nor any discrimination made against, any church, sect or creed of religion, or any form of religious faith or wor- ship. Section 5. The people have the right peaceably to assemble Right of petition ul; r f at- ,i 01 , remonstrance. and apply to those vested with the powers of government for a redress of grievances by petition or remonstrance. Article 1. 4 Sections 6-9. , open courts. Aa- Section 6. All courts shall be open, and every person for ministration of Jns- ^ .^ ^ ^ ^ ^ ^^ ^^ goodg; person or reput ation shall have adequate remedy by due process of law and justice administered without denial, partiality or unreasonable delay. searches and Section 7. The right of the people to be secure in their per- sons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no such search or seizure shall be made except upon warrant therefor issued upon probable cause, supported by oath or affirmation, and particularly de- scribing the place to be searched and the persons or things to be seized. Right to keep and Section 8. A well regulated militia being necessary to the bear arms. security of a free State, the right of the people +o keep and bear arms shall not be abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed. in crfmina°i £ prosecu- Section 9. In all criminal prosecutions the accused shall have vmue; ^ndictme^t! the T ^t to a speedy public trial by an impartial jury; pro- 'ftdavus^doubie^eo- y ided, that cases in which the penalty is not necessarily impris- pardy - onment at hard labor, or death, shall be tried by the court with- out a jury or by a jury less than twelve in number, as provided elsewhere in this Constitution; provided further, that all trials shall take place in the parish in which the offense was committed, unless the venue be changed; provided further, that the Legis- lature may provide for the venue and prosecution of offenses committed within one hundred feet of the boundary line of a parish. The accused in every instance shall have the right to be confronted with the witnesses against him; he shall have the right to defend himself, to have the assistance of counsel, and to have compulsory process for obtaining witnesses in his favor. Prosecution shall be by indictment or information; but the Legislature may provide for the prosecution of misdemeanors on affidavits ; provided, that no person shall be held to answer for capital crime unless on a presentment or indictment by a grand jury, except in cases arising in the militia when in actual service in time of war or public danger ; nor shall any person be twice put in jeopardy of life or liberty for the same offense, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained. 3 Article II. , Sections 1-2. Section 10. In all criminal prosecutions, the accused shall Nature and , C&US6 or .iccusa.- be informed of the nature and cause of the accusation against tions in criminal a pi osecutions ; p e r - him ; and when tried by jury shall have the right to challenge emptory challenge. jurors peremptorily, the number of challenges to be fixed by law. Section 11. No person shall be compelled to give evidence ^ s e } 1 „ incrimina- r ° tlon ; forced con- against himself in a criminal case or in any proceeding that fessions. may subject him to criminal prosecution, except as otherwise provided in this Constitution. No person under arrest shall be subjected to any treatment designed by effect on body or mind to compel confession of crime ; nor shall any confession be used against any person accused of crime unless freely and volun- tarily made. Section 12. Excessive bail shall not be required, nor excessive B ^ ils and fines ; ^ cruel and unusual fines imposed, nor cruel and unusual punishment inflicted. All punishments. persons shall be bailable by sufficient sureties, except the fol- lowing: First, persons charged with capital offense where the proof is evident or the presumption great; second, persons convicted of felonies, provided that where a minimum sentence of less than three years at hard labor is actually imposed, bail shall be allowed pending appeal and until final judgment. Section 13. The privilege of the writ of habeas corpus shall Writ o£ habeas r ° * corpus. not be suspended, unless when, in case of rebellion, or invasion, the public safety may require it. Section 14. The military shall be in subordination to the mi f^a?y aination ° f civil power. Section 15. This enumeration of rights shall not be con- . Enumeration of rights. strued to deny or impair other rights of the people not herein expressed. AETICLE II. DISTRIBUTION OF POWERS. Section 1. The powers of the government of the State ^ ^ ree depart> Louisiana shall be divided into three distinct departments — legislative, executive, and judicial. Section 2. No one of these departments, nor any person or e ^te£rtLmt. " collection of persons holding office in one of them, shall exercise power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. Article III. 4 Sections 1-4. ARTICLE III. LEGISLATIVE DEPARTMENT. Legislature of two Section 1. The legislative power of the State shall be vested in '"" nes a Legislature, whicn snail consist of a Senate and a House of Representatives. Representation in Section 2. Representation in the House of Representatives shall be equal and uniform, and shall be based upon population. Bach parish and each ward of the city of New Orleans shall have at least one representative. At its first regular session ^ after the United States census of 1930, and after each census thereafter, the Legislature shall, and it is hereby directed to, apportion the representation among the several parishes and representative districts on the basis of total population shown by such census. A representative number shall be fixed, and each parish and representative district shall have as many represen- tatives as such representative number is contained in the total number of the inhabitants of such parish or representative dis- trict, and one additional representative for every fraction ex- ceeding one-half the representative number. The number of representatives shall not be more than one hundred and one. int° iV s i e S ni I tor > rai St a1 s - Section 3 - Tn e Legislature, in every year in which it shall tricts - apportion representation in the House of Representatives, shall divide the State into senatorial districts. No parish, except the parish of Orleans, shall be divided in the formation of a sena- torial district. Whenever a new parish is created, it shall be at- tached to the senatorial district from which most of the territory is taken, or to another contiguous district, but shall not be at- tached to more than one district. The number of senators shall not be more than thirty-nine. tncteMt^iisbedby Section 4 - Until an enumeration shall have been made as pro- this Constitution. „ ided in this artiele the g tate ^^ bg diyided ^ ^ following senatorial districts, with the number of senators hereinafter ap- portioned to each district : District No. 1, composed of wards 1, 2, and 15 of New Or- leans — 1 senator. District No. 2, composed of ward 3 of New Orleans— 1 senator. District No. 3, composed of wards 4 and 5 of New Orleans— 1 senator. > 5 Article III. Section 4. District No. 4, composed of wards 6 and 7 of New Orleans—] senator. * District No. 5, composed of wards 8 and 9 of New Orleans— 1 senator. District No. 6, composed of wards 10 and 11 of New Orleans— 1 senator. District No. 7, composed of wards 12 and 13 of New Orleans— 1 senator. District No. 8, composed of wards 14, 16, and 17 of New Or- leans — 1 senator. District No. 9, composed of St. Bernard and Plaquemines parishes — 1 senator. District No. 10, composed of Jefferson, St. Charles, and St. John the Baptist parishes — 1 senator. District No. 11, composed of St. James and Ascension par- ishes — 1 senator. District No. 12, composed of Terrebonne, Lafourche and As- sumption parishes — 1 senator. District No. 13, composed of St. Mary and Vermilion par- senatorial dis- ishes — 1 senator. District No. 14, composed of Calcasieu, Allen, Jefferson Davis, Beauregard and Cameron parishes — 2 senators. District No. 15, composed of St. Martin, Iberia and Lafayette parishes — 2 senators. District No. 16, composed of St. Landry and Acadia parishes — 2 senators. District No. 17, composed of Avoyelles and Evangeline Par- ishes — 1 senator. District No. 18, composed of Pointe Coupee, Iberville and "West Baton Rouge parishes — 1 senator. District No. 19, composed of East Feliciana and West Feli- ciana parishes — 1 senator. District No. 20, composed of East Baton Rouge parish — 1 senator. District No. 21, composed of St. Helena, Livingston and Tan- gipahoa parishes — 1 senator. District No. 22, composed of Washington and St. Tammany parishes — 1 senator. District No. 23, composed of Rapides parish — 1 senator. Article III. 6 Sections 4-6. District No. 24, composed of Natchitoches and Bed River parishes — 1 senator. District No. 25, composed of Caddo and DeSoto parishes— 2 senators. District No. 26, composed of "Webster and Bossier parishes— 1 senator. District No. 27, composed of Bienville and Claiborne par- ishes — 1 senator. District No. 28, composed of Union, Lincoln, Morehouse and West Carroll parishes — 2 senators. District No. 29, composed of Ouachita and Jackson parishes- senatorial d i s - 1 senator. District No. 30, composed of Winn, Caldwell, LaSalle and Grant parishes — 1 senator. District No. 31, composed of East Carroll, Madison, Tensas and Concordia parishes — 2 senators. District No. 32, composed of Richland, Franklin and Cata- houla parishes — 1 senator. District No. 33, composed of Sabine and Vernon parishes — 1 senator. Thirty-nine senators in all. Provided, that whenever more than one senator is apportioned to any district composed of more than one parish not more than one senator shall be elected from any one parish. po^u'onmenfpf Section 5 - The H °use of Representatives of the Legislature House. entatives in ^all ^ e composed of one hundred members unless increased as herein provided. Wards 3, 7 and 11 of the parish of Orleans shall each have two representatives, and the remaining wards of said parish shall each have one representative. The parish of Caddo shall have four representatives; the parishes of Rapides and St. Landry shall each have three representatives; the parishes of Acadia, Avoyelles, Calcasieu, Bast Baton Rouge, Lafayette, Lafourche, Natchitoches, Ouachita, St. Mary and Tangipahoa shall each have two representatives; and each of the remaining parishes of the State shall have one representative. rr£nt en of aP s P enatora Section 6. This apportionment of senators and representa- may be changed!™ 3 tives sh al] not be changed or altered in any manner until after 7 Article III. Sections 6-10. the enumeration shall have been taken by the United States; provided,' that when a new parish is created such parish shall be assigned one representative unless there is more than one repre- sentative in a parish from which the larger portion of the ter- ritory is taken for the purpose of creating a new parish, in which case one of such representatives shall be apportioned to the new parish in the same act which creates the parish. Section 7. The style of the laws of this State shall be: "Be it styIe of Iaws \ enacted by the Legislature of Louisiana." It shall not be neces- sary to repeat said enacting clause after the first section of an act. Section 8. The Legislature shall meet at the seat of govern- 1 . °ate and dura- ° , ton of legislative ment on the second Monday in May, 1922, at twelve o'clock sessions; period for " ■" ' introduction of new noon, and biennially thereafter, and the sessions thereof shall be matter; eonsidera- " ' tion of emergency limited to sixty days ; provided, no new matter intended to have measures after this ' ' r ' period ; vacancies. the effect of law shall be introduced or received by either branch of the Legislature after the expiration of the first thirty (30) days of its session, except in case of emergency and then only by a yea and nay vote of a majority of the members elected. Should a vacancy occur in either house, the governor shall order an elec- tion to fill such vacancy for the remainder of the term. Section 9. Every elector under this Constitution shall be „ Qualifications of J senators and repre- eligible to a seat in the House of Representatives, and every change Ve oi ef r e e°s °- elector who has reached the age of twenty-five years shall be f e e g(gf^ tors terrn of eligible to a seat in the Senate; provided, that no person shall be eligible to the Legislature unless at the time of his election he has been a citizen of the State for five years, and an actual resi- dent of the district or parish or ward of the parish of Orleans from which he may be elected for two years immediately preced- ing his election. The seat of any member who may change his resi- dence from the district or parish or ward of the parish of Or- leans which he represents shall thereby be vacated, any declara- tion of a retention of domicile to the contrary notwithstanding; and members of the Legislature shall be elected for a term of four years. Section 10. Each house shall be the judge of the qualifica-^J^f^^^ tions, election, and returns of its own members, choose its own return^ of f man- officers, except the president of the Senate, determine the rules of ^ r ^ ml £rs. ishment its procedure, not inconsistent with the provisions of this Constitu- Article III. 8 Sections 10-18. tion, and may punish its members for disorderly conduct and contempt, and, with the concurrence of two-thirds of all- its mem- bers elected, may expel a member. I'unistaneni o f Section 11. Either house, during the session, may punish by persons not mem- .. , , bers of legislature, imprisonment any person not a member who snail nave been guilty of disrespect, or disorderly or contemptuous behavior; but such imprisonment shall not exceed ten days for each of- fense. Disqualification of Section 12. No senator or representative shall, during the legislator for cer- tain offices. term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit in this State which may have been created, or the emoluments of which may have been increased, by the Legislature during the time such senator or representative was a member thereof. leg^atora" 68 ° f Section 13. The members of the Legislature shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest. during their attendance at the sessions of their re- spective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. i t g°siator n s satl0n ° f Section 14. The members of the Legislature shall receive a compensation of ten ($10.00) dollars per day during their attendance on that body, and ten (10) cents per mile going to and returning from the seat of government, not to exceed three round trips. ceedirSf 1 of e^ch Section 15. Each house shall keep a journal of its proceed- ings, and cause the same to be published immediately after the close of the session. The original Journal shall be preserved, after publication, in the office of the Secretary of State, but there shall be required no other record thereof. ieg°s b ii e tile in 'enact" Section 16. Every law enacted by the Legislature shall em- brace but one object, and shall have a title indicative of such object. n^nt vi o V f a iaw amend - Section 17. No law shall be revived or amended by reference to its title, but in such cases the act revived, or section as amended, shall be re-enacted and published at length. code °o P f 'laws. Section 18. The Legislature shall never adopt any system or code of laws by general reference to such system or code of 9 Article III. Sections 18-25. laws ; but in all cases shall recite at length* the several provisions of the laws it may enact. Section 19. Not less than a majority of the members of each Quorum; powers , „ ,, T . of a smaller num- nouse oi the Legislature shall form a quorum to transact busi- ber. ness, but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absen.t mem- bers. Section 20. Neither house, during a sitting of the Legis- eil ^° u h ™™ nt wit h- lature, shall, without the consent of the other, adjourn for more out oonsent of ^ ther - than three days, nor to any other place than that in which it may be sitting. Section 21. The yeas and nays on any question in either Yeas and nays - house shall, at the desire of one-fifth of the members elected, be entered in the journal. Section 22. All bills for raising revenue or appropriating Revenue bills, money shall originate in the House of Kepresentatives, but the Senate may propose. or concur in amendments, as in other bills. Section 23. No bill, ordinance or resolution, intended to have how dcivntea ' ' measures may be the effect of a law, which shall have been rejected by either proposed again, house, shall be again proposed in the same house during the same session, under the same or any other title, without the consent of a majority of members elected to the house by which the same was rejected. Section 24. Every bill shall be read .on three different days du * eq £ ir t e h d e »™^I in each house, and no bill shall be considered for final passage ment of ,aws - unless it has been read once in full, and the same has been reported on by a committee; nor shall any bill become a law unless, on its final passage, the vote be taken by yeas and nays, the names of the members voting for or against the same to be entered in the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor; pro- vided, that bills revising the statutes or codes of this State, or adopting a criminal code as a whole, shall be read and promul- gated in such manner as may be prescribed by the Legislature. Section 25. No amendments to bills by one house shall be t J° 01 gSSS ce ° f concurred in by the other, nor shall reports of committees of conference be adopted in either House, except by a majority of the members elected thereto, the vote to be taken by yeas and Article II!. 10 Sections 25-28. nays, the names of those voting for or against to be recorded in the journal. Requirements Section 26 Whenever a bill that has been passed by both after passage and . « .-u i,.,,-. enrollment of bill. houses nas been enrolled and placed m possession ot the house in which it originated, the title shall be read, and at the request of any five members, the bill shall be read in full, when the Speaker of the House of Representatives or the President of the Senate, as the case may be, shall at once sign it in open house, . and the fact of signing shall be noted in the journal; thereupon the clerk or secretary shall immediately convey the bill to the other house, whose presiding officer shall cause a suspension of all other business to read and sign the bill in open session and without delay. As soon as bills are signed by the Speaker of the House and President of the Senate, they shall be taken at once, and on the same day, to the Governor by the clerk of the House of Representatives or secretary of the Senate. when laws go Section 27. All laws enacted shall go- into effect at twelve o'clock, noon, on the twentieth day after the Legislature shall have adjourned. This provision shall not apply to the general appropriation act or the act appropriating money for the ex- penses of the Legislature. All acts, shall be published in the official journal without delay after passage. Publication of The Legislature shall provide for the publication of said acts acts in book form. . in book form and fix the time limit for their delivery to the Secretary of State. In the publication of acts of the Legislature the signatures of the Governor and presiding officers of the two houses shall be omitted, but the date of approval of the acts, or of their passage over the Governor's veto, or of acts becoming law without the Governor's signature, shall be published, at the bottom of each act. of^two 1 housis 3 . Seetion 28 - The clerical officers of the two houses shall be cortinge f nt reC e°xpInse a secretarv of tne Senate and a clerk of the House of Repre- t&n^fuMxpended sentatives, with such assistants as may be necessary. The records ■aiances. f the contingent expense committee of each house shall be audited by the Supervisor of Public Accounts after each payment is made by said committee during the sessions of the Legis- lature, and after the final payment by said committee, and each 11 Article Ill- Sections 28-32. report of said audit shall be published in the official journal and in one daily newspaper of the city of New Orleans. No donation of any unexpended balances shall be made as extra compensation or for any other purpose. Section 29. Any member of the Legislature who has a per- cisciole'pereonaTiin- sonal or private interest in any measure or bill proposed, or j-erest in any meas- pending before the Legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon. Section 30. Any member of the Legislature who gives, or r] ope^llauaemerda offers or promises to give, any official vote in consideration of a £> r a°partments Ues fee or reward, or in consideration that another member of the Legislature shall give any such vote, either upon the same or any other question or measure, shall forfeit the office which such member holds, upon conviction of such offense by the house of which he is a member. All stationery, printing, paper, fuel and other supplies neces- sary for use in all the departments of government shall be pur- chased or contracted for of the lowest responsible bidder and under such regulations as are or may be prescribed by law. No member or officer of any department of government shall be in any way interested in such contracts, and same shall be subject to the approval of the Governor, the President of the Senate and the Speaker of the House, or of any two of them. Section 31. The Attorney General, or his assistant, and two Legislative bu- , , , , . , reau with advisory members of the Legislature, one to be selected by each house, functions, shall constitute a legislative bureau, to which all legislative matter intended to have the effect of law shall be referred before advancement to third reading by the house where it did not originate, for examination and report as to construction, duplication, legality, and constitutionality, which said reporf- shall be advisory only. Section 32. The Legislature is authorized to provide for the re £^ lia ^« t ,»2 merger or consolidation into one- department of all executive ^administrative and administrative offices, boards or commissions, whether cre- ated in this Constitution or otherwise, whose duties or functions are of a similar nature or character, and, in the event of any such consolidation or merger, to reduce the number of officers at the end of their current term. Article IV. 12 Sections 1-2. Empl o ym e„t of Section 33. The Legislature may authorize the employment ^r^rtS under State supervision and the proper officers and employees SS ; pSJ of the State, of convicts on public roads or other public works or convict farms, or in manufactories owned or controlled by the State, under such provisions and restrictions as may be imposed by law and shall enact laws necessary to carry these provisions into effect; and no convict sentenced to the State penitentiary shall ever-be leased, or hired to any person or persons, or corpora- tion, private or public, or quasi-public, or board, save as herein authorized. how salaries of Section 34. Salaries of public officers, whether fixed in this. Efoh C aS ers may Constitution or otherwise, may be changed by vote of two-thirds of the members of each House of the Legislature. Suits and judg- Section 35. Whenever the Legislature shall authorize suit sute s asainst the t0 b e filed against the State, it shall provide a method of proce- dure and the effect of the judgments which may be rendered therein. Arbitration laws. Section 36. It shall be the duty of the Legislature to pass such laws as may be proper and necessary to decide differences, with the consent of the parties, by arbitration. Laws authorized Section 37. The Legislature shall have the right by general tor certain roads ° „ j and drainage. i aws to provide for the granting of private rights of way tor roaas of necessity and for drainage for agricultural and other necessary purposes, provided just and adequate compensation be first paid. ARTICLE IV. LIMITATIONS. f ro^? tr^asuV'wIth" Section 1. No money shall be drawn from the treasury except period P of °appropria- In Pursuance of specific appropriation made by law ; nor shall statement q ° f* 6 !^ anv appropriation of money be made for a longer term than tures s and expendi " two years. A regular statement and account of receipts and expenditures of all public moneys shall be published every three months, in such manner as shall be prescribed by law. confractuai'iiabiiity Section 2. The Legislature shall have no power to contract ?ights 0n o a f ed state bt to or to authorize the contracting of any debt or liability on behalf lakes, etc. ; ^fne'rai °f the State ; or to issue bonds or other evidence of indebtedness thereof, except for the purpose of repelling invasion, or for the suppression of insurrection. Nor shall the Legislature alienate, or authorize the alienation of, the fee of the bed of any navigable V,i Article IV. Sections 2-4. stream, lake or other body of water, except for purposes of reclamation. In all cases the mineral rights on any and all property sold by the State shall be reserved, except where the owner or other person having the right to redeem may buy or redeem property sold or adjudicated to the State for taxes. This, however, shall not prevent the leasing of such lands and rights for mineral or other purposes. Section 3. The Legislature shall have no power to grant or t fif*™ p c r °Sbited j authorize any parish or municipal authority to grant any extra ^ftorTzea^Mitraci compensation, fee or allowance to a public officer, agent, servant, forbidden. or contractor, nor pay, nor authorize the payment of, any claim against the State or any parish or municipality thereof, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void. Section 4. The Legislature shall not pass any local or special pi .f h I1 i bited a io cai or law on the following specified subjects: special laws. For the holding and conducting of elections, or fixing or changing the place of voting. Changing the names of persons. Changing the venue in civil or criminal cases. Authorizing the laying out, opening, closing, altering or main- taining roads, highways, streets or alleys, or relating to ferries and bridges, or incorporating bridge or ferry companies, except for the erection of bridges crossing streams which form bounda- ries between this and any other State. Authorizing the adoption or legitimation of children or the emancipation of minors. Granting divorces. Changing the law of descent or succession. Affecting the estates of minors or persons under disabilities. i Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury. Authorizing the constructing of street passenger railroads in any incorporated town or city. Regulating labor, trade, manufacturing or agriculture. Creating corporations, or amending, renewing, extending or explaining the charters thereof; provided, this shall not apply to municipal corporations having a population of not less than Article IV, 14 Sections 4-6. Enumeration o f + W entv-five hundred inhabitants, or to the organization of levee prohibited local or u J t ., . . , , special laws. districts and parishes, river improvement districts, narbor 1m- - provement districts, and navigation districts. Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity. Extending the time for the assessment or collection of taxes, or for the relief of any assessor or collector of taxes from the performance of his official duties, or of his sureties from lia- bility; nor shall any such law or ordinance be passed by any political corporation of this State. Regulating the practice or jurisdiction of any court, or chang- ing the rules of evidence in any judicial proceeding or inquiry before courts, or providing or changing methods for the collec- tion of debts or the enforcement of judgments, or prescribing the effects of judicial sales. Exempting property from taxation. Fixing the rate of interest. Concerning any civil or criminal actions. Giving effect to informal or invalid wills or deeds, or to any illegal disposition of property. Regulating the management of public schools, the building or repairing of schoolhouses and the raising of money for such purposes, except as otherwise provided in this Constitution. Legalizing the unauthorized or invalid acts of any officer, servant, or agent of the State, or of any parish or municipality thereof. indirect enact- Section 5. The Legislature shall not indirectly enact special or ment of local laws. J Repeal of same, local laws by the partial repeal of a general law; but laws repealing local or special laws may be passed. thf| q a U ssa|e e of S pe?- Section 6 - No local or special law shall be passed on any sp 1 e f S 1 ai e iaws.° al ° r sub J ect not enumerated in Section 4 of this article, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the locality where the matter or things to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the Legis- lature of such bill, and in the same manner provided by law for the advertisement of judicial sales. The evidence of such notice having been published shall be exhibited in the Legis- 15 Article IV. Sections 6-11. lature before such act shall be passed, and every such act shall contain a recital that such notice has been given. Section 7. No law shall be passed fixing the price of manual m^uiuabor 1 ? min- labor, but the Legislature, through a commission or otherwise, f£~m™ es . wa&es £ ° r may establish minimum wages for and regulate the hours and working conditions of women and girls, except those engaged in agricultural pursuits or domestic service. Section 8. No money shall ever be taken from the public ria ^ o r e ^..[vate ec £r- treasury, directly or indirectly, in aid of any church, sect orf a ° k ^ trom n °paWil denomination of religion, or in aid of any priest, preacher, min- treasury, ister or teacher thereof, as such, and no preference shall ever be given to, nor any discrimination made against, any church, sect or creed of religion, or any form of religious faith or wor- ship. No appropriation from the State treasury shall be made for private, charitable or benevolent purposes to any person or community ; provided, this shall not apply to the State Asylums for the Insane, and the State Schools for the Deaf and Dumb, and the Blind, and the Charity Hospitals, and public charitable institutions conducted under State authority. Section 9. The general appropriation bill shall embrace noth- raiment o" d gen- ing but appropriations for the ordinary expenses of the govern- %$. &her° P appro" ment, pensions, the public debt and interest thereon, public p " ations ' schools, public roads, public charities and all State institutions; and such bill shall be so itemized as to show for what account each and every appropriation shall be made. All other ap- propriations shall be made by separate bills, each embracing but one object. Section 10. Each appropriation shall be for a specific pur- tlo ^ a to sp ec?f r y P pur- pose, and for a specific amount, and no appropriation shall be nS s %ontogerrt° U ap- made under the head or title of contingent ; nor shall any officer P rc, P natl0n s- or department of government receive any amount from the treasury for contingencies or for a contingent fund. Section 11. No appropriation of money shall be made by au ^ pp r orations the Legislature in the last five days of the session thereof. All dQ y s of session. appropriations, to be valid, shall be passed and receive the signatures of the President of the Senate and the Speaker of the House of Representatives five full days before adjournment sine die of the Legislature. Article IV. 16 Sections 12-16. state not to loan Section i 2 . The funds, credit, property or things of value of Sr'efitMt^e&the State or of any political corporation thereof, shall not be {^n.Ve™ m loaned, pledged or granted to or for any person or persons, association or corporation, public or private; nor shall the State, nor any political corporation, purchase or subscribe to the capital or stock of any corporation or association whatever, or for any private enterprise. Nor shall the State, nor any political corporation thereof, assume the liabilities of any po- litical, municipal, parochial, private or other corporation or association whatsoever, except as otherwise provided in this Constitution; nor shall the State undertake to carry on the business of any such corporation or association, or become a part owner therein; provided, the State, through the Legis- lature, shall have power to grant the right of way through its public lands to any railroad or canal; and provided, police juries and municipal corporations may, in providing for desti- tute persons, utilize any charitable institutions within their corporate limits for the care, maintenance and asylum of such persons; and all appropriations made to such institutions for the purpose aforesaid shall be accounted for by them in the maimer require'd of officials entrusted with public funds. Release or ex- Section 13. The Legislature shall have no power to release tmguishment of debt or obligation or extinguish, or to authorize the releasing or extinguishment, to State or to any at o o division thereof. m whole or in part, of the indebtedness, liability or obligation of any corporation or individual to the State, or to any parish or municipal corporation thereof; provided, the heirs to confis- cated property may be released from all taxes due thereon at the date of its reversion to them. creation ot eau- Section 14. No educational or charitable institution, other cational or charit- able institutions. than the State institutions now existing, or expressly provided for in this Constitution, shall be established by the State; except upon a vote of two-thirds of the members elected to each house of the Legislature. impairment °of 'col- Section 15 - No ex-post facto law, nor any law impairing the Ve a sted d ri y g e hts ment ° f obli S a tion of contracts, shall be passed; nor shall vested rights be divested, unless for purposes of public utility, and for just and adequate compensation previously paid. foreed li he™lw P . ° f Seet e members of the court shall sit by rotation in th divisions, under such rules and regulations as the court ma; 37 Article VII. Sections 6-7. establish. At least two justices shall read each record, and the si J^ cases con " conclusions of the court shall be reached in consultation before the case is assigned for writing the opinion. The justices of the Supreme Court shall be learned in the law, ter ^ ^ '^j 1 * citizens of the United States and of this State, not less than ot 3u8tl ° es - thirty-five years of age, and each shall have practiced law in the State for at least ten years preceding his election, and shall have resided within the territory of the district from which elected, 6 ,^u n e ° hosen by for the two years immediately preceding. They shall be elected for terms of fourteen years, except as hereinafter provided, and each shall receive a salary of eight thousand dollars per annum, payable monthly on his own warrant. Section 7. The justices of the Supreme Court now in office Terms of office r of justices of Su- shall remain in office until the 31st day of- December of the preme Court years in which their terms would have expired. Said justices are hereby accredited to the several Supreme Court districts create' 1 by this Constitution within which are situated the parishes wherein they respectively resided when elected. The justice elected from the Third Supreme Court District, as it existed under the Constitution of 1913, and who has not commenced his term, shall be inducted into office immediately after the adoption of this Constitution, and shall serve as the justice from the Third Su- preme Court District, as herein created, until the 31st day of De- cember, 1934. One justice, whose term shall expire on December 31, 1928, shall be elected from the Second Supreme Court Dis- trict, as herein created, within four months from the adoption of this Constitution, at a special election to bo called by the Governor for that purpose. The term of the Associate Justice from the First Supreme Court District elected in 1912 shall ex- pire on December 31, 1924; and beginning with the year 1922, a justice shall be elected at every regular Congressional election in the order in which the terms shall expire, as provided herein. Every term shall expire on December 31st of the last year thereof. In case of a vacancy from any cause in the office of any justice, f; . such vacancy shall be filled by selection by the court of a judge of one of the Courts of Appeal from a Supreme Court District other than that in which the vacancy shall occur ; but, if two years or more of an unexpired- term remain, the said vacancy shall be Vacancies, led. Article VII. Sections 7-9. 38 filled by special election called by the Governor, which shall be held within four months after the vacancy shall have occurred, vacancy in office Whenever a vacancy shall occur in the office of Chief Justice,' who C to e be p u resia-the justice oldest in point of service shall succeed thereto; and ing justice. ^ en sitting in divisions the justice longest in service shall pre- side. Retirement of Section 8 Any judge of the Supreme Court, Courts of Ap- ji.dces of Supreme ' " ,. . , , , and other courts. p ea \ > r District Courts may retire on two-thirds pay when ne shall have reached the age of seventy years, and shall have served continuously as a judge of a court of record for twenty years immediately preceding the date of retirement; provided, all judges hereafter elected shall retire on reaching the age of sev- enty-five years, but shall not receive pay thereafter, unless they shall have served for the required length of time. Any justice of the Supreme Court who may now be, or become physically or mentally incapacitated to perform his duties, upon such disability being made to appear by certificate of a majority of the re- maining members of the court, shall be retired on two-thirds pay, and upon the filing of said certificate with the Secretary of State, the vacancy shall be filled as provided in this Constitu- tion. Any judge who has been heretofore retired on pay, or who is eligible to retire on pay at the adoption of this Constitution, and who may hereafter retire, shall continue to receive the same pay which was received at the time of retirement. The Legislature shall make the necessary provisions to cover the salaries of retired judges, which shall be paid monthly upon their own warrants, as provided for other judges. fiistricts aiv Justices Section 9. The State shall be divided into six Supreme C6urt ai:ottea to»eaeh. Districts, and the Supreme Court, except as otherwise provided- in this Constitution, shall always be composed of Justices from said Districts. dis ( tric , t P s° sition ° f The Parishes of Orleans, St. Bernard, Plaquemines and Jef- ferson shall compose the First District, from which two justices shall be elected. The parishes of Caddo, Bossier, Webster, Claiborne, Bienville, Natchitoches, Red River, De Soto, Winn, Vernon and Sabine shall compose the Second District, from which one justice shall be elected. 39 Article VII. Sections 9-10. The parishes of Rapides, Grant, Avoyelles, Lafayette, Evange- composition o r line, Allen, Beauregard, Jefferson Davis, Calcasieu, Cameron, dlStrlCtS ' and Acadia shall compose the Third District, from which one justice shall be elected. The parishes of Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, Franklin, West Carroll, East Carroll, Madison, Tensas, Concordia, La Salle, and Catahoula shall com- pose the Fourth District, from which one justice shall be elected. The parishes of East Baton Rouge, West Baton Rouge, West Feliciana, East Feliciana, St. Helena, Livingston, Tangipahoa, St. Tammany, Washington, Iberville, Pointe Coupee and St. Landry shall compose the Fifth District, from which one justice shall be elected. The parishes of St. Martin, St. Mary, Iberia, Terrebonne, La- fourche, Assumption, Ascension, St. John the Baptist, St. James, St. Charles and Vermilion shall compose the Sixth District, from which one justice shall be elected. Jurisdiction. Section 10. The Supreme Court shall have control of, and di |i'o^"of "supreme general supervision over all inferior courts and shall have fur-f™^^"^^^ ther jurisdiction as follows : tlon - It shall have exclusive original jurisdiction in all disbarment cases involving misconduct of members of the bar, with the power to suspend or disbar under such rules as may be adopted by the court, and in suits for removal of judges of courts of record from office as elsewhere provided in this Constitution. It shall also have original jurisdiction for the determination of questions of fact affecting its own appellate jurisdiction in any case pending before it ; and to that end may make such orders and decrees as it may deem proper in. the premises. It shall have appellate jurisdiction in civil suits where the amount in dispute, or the fund to be distributed, irrespective of the amount therein claimed, shall exceed two thousand dollars exclusive of interest, except- in suits for damages for physical in- juries to, or for the death of a person, or for other damages sustained by such person or his heirs or legal representatives, arising out of the same circumstances; nor shall such appellate jurisdiction extend to any suit for compensation under any State or Federal Workmen's compensation law, or employer's liability Article VII. 40 Sections 10-11. jurisdiction of su- ae t • provided, that appeals properly granted to the Supreme preme Court. r , e ix.- rt Court, in such excepted cases, prior to the adoption or this Con- stitution, shall be finally disposed of by said court. It shall have appellate jurisdiction of all suits for divorce or separation from bed and board, and of all matters arising therein ; of suits involving alimony, of suits for the nullity of marriage, for interdiction, or involving the tutorship of minors, or curator- ship of interdicts, or the legitimacy, or custody of children, and of matters of adoption and emancipation. It shall have appellate jurisdiction in all cases wherein the con- stitutionality or legality of any tax, local improvement assess- ment, toll or impost levied by the State, or by any parish, muni- cipality, board, or subdivision of the State is contested, or where the legality, or constitutionality of any fine, forfeiture, or penalty imposed by a parish, municipal corporation, board, or subdivision of the State shall be in contest, whatever may be the amount thereof, and in all cases wherein an ordinance of a parish, muni- cipal corporation, board, or subdivision of the State, or a law of this State has been declared unconstitutional. Its appellate jurisdiction shall also extend to all cases involving homestead exemptions irrespective of the amount involved, and the appeal on the law and the facts shall be directly from the court in which the case originated to the Supreme Court; except that in eases in- volving only movable property, the appeal shall lie to the court having jurisdiction of the amount or the value of the property involved. In all civil and probate cases where the Supreme Court is given appellate jurisdiction, the appeal shall be both upon the law and the facts. The appellate jurisdiction of the Supreme Court shall also ex- tend to criminal cases on questions of law alone, whenever the penalty of death, or imprisonment at hard labor may be imposed; or where a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed. c^tiorari e< o U r ir othe b r^ Section 11. It shall be competent for the Supreme Court to cert e i'fied a by court! re quire by writ of certiorari, or otherwise, any ease to be certified ^Appeal to it for f rom the Courfs flf Appegl ^ ^ ^ ^.^ ^ ^ ^ ^^ and Authority in the case as if it had been carried directly by appeal to the said court; provided, that where the application is 41 Article VII. Sections 11-13. based solely upon the ground that the decision of the question of law involved is in conflict with the jurisprudence of the Supreme Court or another Court of Appeal upon a question not yet de- cided by the Supreme Court, and it is found that such is the fact, then the application shall be granted as a matter of right; provided, however, that the Supreme Court shall in no case exer- cise the power conferred by this Article unless the application shall have been made to the court or to one of the justices thereof within thirty days after a rehearing shall have been refused by the Court of Appeal ; and provided further, that the judgment of the Court of Appeal shall not become executory until the expira- tion of thirty days ; or, in cases in which application is made for , the writ of review, or other writs, until the decision of the Su- preme Court upon the application shall have become final. Section 12. The Supreme Court shall also have the power, Empowered to as- j i it,,. sign district judges under such general rules and regulations as it may adopt, as to other districts, nl i .. . . . „ an| 3 to Courts of well as by special orders made m particular cases, to assign for Appeal, any cause judges of one District Court to another District Court, and to provide for the interchange of judges of the District Courts, in such manner as best to carry out the purposes for which courts are created, and to secure the prompt and efficient administration of justice ; and may also assign district judges to the Courts of Appeal whenever the judges of said Courts of Ap- peal are called to sit with the Supreme Court. It shall also have f two of wnom sha11 constitute a quorum. They shall be judges. citizens of the United States and qualified electors of this State, learned in the law, and shall have practiced law in this State for six years, and each shall have been an actual resident of the district from which he is elected, or appointed, for at least two years immediately preceding his election or appointment. Be- ginning with the adoption of this Constitution, each shall receive a salary of six thousand dollars per annum, payable monthly on his own warrant, and the Legislature shall make appropria- tion to pay the same. They shall be elected for terms of twelve 43 Article VII. Sections 19-20. years. The terms of the present judges are hereby extended until December 31st of the years in which they would otherwise expire, and their successors shall each be elected at the con- gressional election preceding the expiration of their present terms respectively as herein extended. Section 20. Exclusive of the parishes from which appeals are ircSI£ ts an£ PP d£: returnable to the Court of Appeal for the parish of Orleans, the tncts - State shall be divided into two circuits, to be subdivided into districts as hereinafter provided. Until otherwise provided by law, the parishes of East Baton Rouge, "West Baton Rouge, Livingston, Tangipahoa, Washington, St. Helena, Pointe Coupee, Iberville, St. Mary, Terrebonne, As- sumption, Lafourche, Ascension, Calcasieu, Allen, Beauregard, Jefferson Davis, Cameron, Vermilion, Lafayette, Iberia, St. Mar- tin, St. Tammany, Acadia, East Feliciana, "West Feliciana, St. Landry, Evangeline, and Vernon shall compose the First Circuit and be known as the "Court of Appeal, First Circuit, State of. Louisiana," and the parishes of Caddo, Bossier, "Webster, Bien- ville, Claiborne, Union, Lincoln, Jackson, Caldwell, "Winn, Natchi- toches, Sabine, De Soto, Red River, Ouachita, Richland, Frank- lin, Catahoula, La Salle, Concordia, Tensas, Madison, East Car- roll, "West Carroll, Morehouse, Avoyelles, Rapides and Grant shall compose the Second Circuit, and be known as the ' ' Court of Ap- peal, Second Circuit, State of Louisiana." The circuits above provided for, until otherwise provided by law, shall each be divided into three districts, as follows : The parishes of Calcasieu, Allen, Beauregard, Jefferson Davis, Cameron, Vermilion, Lafayette, St. Martin, Acadia, St. Landry, Evangeline, Vernon and Iberia shall compose the first district of the first circuit. The parishes of "West Baton Rouge, Ascension, Pointe Coupee, Iberville, St. Mary, Terrebonne, Assumption and Lafourche shall compose the second district of the first circuit. The parishes of East Baton Rouge, Livingston, Tangipahoa, St. Helena, St. Tammany, East Feliciana, "West Feliciana and Washington shall compose the third district of the first circuit. The parishes of Richland, Concordia, East Carroll, West Car- roll, Franklin, Catahoula, La Salle, Tensas, Ouachita, Madison and Morehouse shall compose the first district of the second cir- cuit. Article VII. 44 Sections 20-24. The parishes of Bienville, Claiborne, Jackson, Lincoln, Cald- well, Union, Bossier, Winn, "Webster and Grant shall compose the second district of the second circuit. The parishes of Caddo, De Soto, Natchitoches, Rapides, Sabine, Avoyelles and Red River shall compose the' third district of the second circuit. Number of judges. jr or eae h f the circuits there shall be elected three judges as herein provided for, one judge to be elected by the qualified electors of each district as above designated. remMizea. Election Section 21. The Courts of Appeal, as now organized and of judges. established, are hereby recognized and confirmed, and the suc- cessors of the several judges now composing the said courts shall be elected by the qualified electors of each respective district, the election to take place at the same time and place as the Con- vacancies h o w gressional election next preceding the expiration of their filled - terms. In case of a vacancy from any cause in the office of any judge, such vacancy shall be filled by appointment by the Gov- ernor, with the advice and consent of the Senate, until the next Congressional election, at which time his successor shall be elected for the remainder of the term. fi 1 ?t"distr1ct t court ' Section 22. The domicile of the Court of Appeal of the First Circuit shall be the city of Baton Rouge, and the court shall sit at least twice a year at New Iberia, Opelousas and Lake Charles, and at such other places in the circuit as it may from time to time determine, for the purpose of hearing argument, and for the submission of appeals. seSndlsWct? ""' Seeti °n 23. The domicile of the Court of Appeal of the Sec- ond Circuit shall be the city of Shreveport, and the court shall sit at least twice a year at Alexandria and Monroe, and at such other places in the circuit as it may from time to time determine, for the purpose of hearing argument, and for the submission of appeals. Heta°o S , S: Section 24. The sessions of said Courts of Appeal shall con- otioe of judgment. tm ue in each circuit for a period of nine months, beginning not later than the first Monday of October in each year, and end- ing not sooner than the thirtieth day of June in the following year ; and said courts shall convene at the several places named as the public business may require, and shall remain in session at such places until the cases before them are heard, or con- tinued; reserving to each of said courts the right to finally dis- 45 Article VII. Sections 24-28. pose of any or all causes at its domicile. Appeals shall be return- able to the respective domiciles of said courts, or to such other places as each may by rule provide, in the manner and within the time fixed by law. Notice of all judgments shall be given to counsel of record; and the court shall provide by rule for the giving of such notices. No delays shall run until such notice shall have been given. Section 25. Each Court of Appeal shall have power to certify Certification o f , c, „. . questions of law to to tne bupreme Court any question of law arising in any supreme court. cause pending before it concerning which, for its proper deci- sion, it desires the instruction of that court; and thereupon the Supreme Court may either give its instruction on the ques- - tion certified to it, which bi:all be binding upon the Court of Appeal in such case, or it may require that the whole record be sent up for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been on appeal directly to the Supreme Court. Section 26. No judgment shall be rendered by any of the Number required , to render judgment. Lourts of Appeal without the concurrence of two judges. At cases, how consid- ered and decided, least two judges shall read each record, and the conclusions Judges ad hoc. of the court shall be reached in consultation before the case is assigned for writing the opinion, and when for any reason two judges cannot agree, they shall appoint a district judge, or a lawyer having the qualifications of a judge of the Court of Appeal, to sit in the case. Should one or more judges of a Court of Appeal be absent, recused, or unable to serve, the remaining judge or judges may appoint district judges, or lawyers with the aforesaid qualifications, to sit in the case. Section 27. All cases on appeal to the Courts of Appeal shall to C a s^ appealed be tried on the original record, pleadings and evidence. inal record. The rules of practice regulating appeals to and Proceedings Co R« 1 es p of. supreme in the Supreme Court shall apply to appeals and proceedings in the Courts of Appeal, so far as they may be applicable, until otherwise provided. Section 28. In the First and Second Circuits, the sheriff of clt s r £ s eri £^ it ai $ the parish in which any session of a Court of Appeal is held, « u ^ ter ° J or appeal, shall attend in person, or by deputy, to execute the orders of said court, and the clerk of the District Court of the parish in which the session of the Court of Appeal is held shall serve Article VII. 46 Sections 28-30. costs of appeal, as clerk thereof, and shall attend each session 0 ^i aictim and tion with the District Courts in all civil matters when the amount in dispute shall not exceed one hundred dollars, exclusive of interest, including suits for the possession or ownership of movable property not exceeding said amount in value, and in suits of landlords for the possession of leased premises, where the monthly or yearly rent, or the rent for the unexpired term of the lease, does not exceed said amount. Article VII. Sections 48-51. 52 They shall have no jurisdiction in succession or probate mat- ters, or when a succession is defendant, or when the State, par- ish 'or municipality, or other political corporation, is party de- fendant, or when the title to real estate is involved. They shall have criminal jurisdiction, as committing magis- trates only, and shall have power to bail or discharge, in cases not capital or necessarily punishable at hard labor, and may require bonds to keep the peace. constables, hew Section 49. There shall be one constable for the court of each qualifications. ' justice of the peace in the several parishes of the State, who shall be elected at the general State election for a term of four years by the qualified electors within the territorial limits of the justice of the peace ward of the court for which he is elected. He shall be of good moral character, able to read and write the English language, and shall be an elector and resident of the ward from which elected, and shall possess such other qualifi- cations as may be prescribed by law. compensation. Section 50. Justices of the peace and constables shall receive such fees in civil cases as may be fixed by law. They shall re- ceive no fees in criminal matters, nor in peace bond cases, but in lieu thereof such salaries as may be fixed by the police jury, and paid by the parish, which salaries shall be graded. Municipal Courts. abofifh^'us'tice' 11 ^? Section 51. The Legislature shall have the power to abolish certam aC wards rt ana Justice of the peace courts in wards embracing the parish seat, courts!"' 6 ° * h e r or containing cities of more than five thousand inhabitants, and to create in their stead courts with such civil jurisdiction as is now vested in justices of the peace, and with criminal juris- diction which shall not extend beyond the trial of offenses not punishable by imprisonment at hard labor under the laws of this State, and with jurisdiction of cases for the violation of municipal and parochial ordinances, and to hold preliminary examinations in cases not capital, and to require bonds to keep the peace, and may perform marriage ceremonies. ju^a?ctton Ci on The Legislature may also pass laws conferring civil jurisdic- clt A P peaS s ' tion on eitv courts in cities where the combined population of the city and the ward or wards of the parish where situated is ten thousand inhabitants, or more, concurrent with that of the District Courts, where the amount in dispute, or the value of 53 Article VII. Sections 51-52. the movable property involved, does not exceed three hundred dollars, exclusive of interest; provided, that appeals from such courts, where the amount in contest exceeds one hundred dollars, exclusive of interest, shall be returnable to the Court of Appeal of the circuit in which such city is situated, and where the amount in contest is one hundred dollars, or less, exclusive- of interest, the appeal shall be returnable to the District Court of the district in which such city is situated. The compensation of the judges of such courts shall be fixed . compensation o t by the Legislature and paid by the parishes and cities in which Jurisdiction! 10 they are, or may be established, in such proportions as may be provided by law; and such judges shall be elected by the people at the same time at which other municipal officers are elected, except in cases where otherwise provided by municipal charters or by special law; provided, that whenever the terri- torial limits of the ward or wards of. the parish in which such city, courts have jurisdiction extend beyond the limits of the city, the judges of such courts shall be elected as is provided in this Constitution for the election of justices of the peace. The Legislature may vest in mayors, or in other municipal officers, such jurisdiction as may be necessary over the violation of municipal ordinances. Juvenile Courts. Section 52. There shall be a Juvenile Court in every parish Juvenile court m of the State. In the parishes, other than Orleans, the judge of Met judge ex of- the District Court shall be ex-officio judge of the Juvenile Court in Orleans. ' in the parish or parishes located within his district, and in those districts in which there may be more than one judge, each judge shall have full jurisdiction. The sessions of said court shall be held apart from all sessions an | ep r a ™ t o /a 3 !'""! of the District Court, and its records shall be kept separately, quired. The court may sit in chambers, and may hold its sessions irre- spective of terms of court. The Legislature may create the office of judge of the Juvenile Judge of court ° ^ ww may tie created in Court for parishes containing municipalities having twenty- certain parishes. five' thousand or more inhabitants who shall have all the powers now conferred on judges of the district courts as judges of the juvenile courts; and shall fix his qualifications, salary and tenure of office. Article VII. 54 Sections 52-56. Jurisdiction of ju- The said courts shall have jurisdiction, except for capital veniie courts. crime &nd asgault with inte nt to commit rape, of the trial of all children under seventeen years of age who may be charged in said courts as neglected or delinquent children, and of all persons charged with contributing to such neglect or delinquency, or with a violation of any law now in existence or hereafter enacted for the protection of the physical, moral or mental well-being of children, not punishable by death or hard labor, and also in all cases of desertion or non-support of children by either parent. Legislature to pre- Section 53. The Legislature at its next session shall pre- scribe "Drocedur© 3 rid provide officers, also scribe the method of procedure in said courts, which may be for GXTOGnSGS by affidavit, instead of by bill of indictment- or information; it shall provide said courts with the necessary officers, and shall make such other provision as may be necessary to make said courts efficient, and to carry out the purposes of Juvenile Courts. The expenses of said courts shall be provided for and paid by the respective parishes in which each exercises its juris- diction. Until otherwise provided by the Legislature, the man- ner of procedure in said courts, their officers, and everything else pertaining to them, except as may be otherwise provided herein, shall be as fixed and provided immediately prior to the offi > ri t"x elector Section 65. There shall be a sheriff elected by the qualified fe^nfexceXf ' ° r " elect ors of each parish in the State except in the parish of Or- leans, who shall be elected at the general State election and hold office for four years. The sheriff, except in the. parish of Or- leans, shall be ex-officio collector of State, parish and all other taxes, except municipal taxes, which, however, under legislative authority, he may also collect. each P capacit b y 0nd in He shall > within sixty days from the date of his commission, give separate bonds as required by law, for the faithful perform- ance of bis duties in each capacity, and in default thereof the 57 Article VII. Sections 65-70. office shall be declared vacant. He shall not be discharged as ^ discharge tax collector until he makes satisfactory proof that he has ex- hausted the legal remedy to collect taxes. Clerks. Section 66. There shall be a clerk of the District Court in tl °l£? k s t0 be each parish, the parish of Orleans excepted, who shall be elected by the qualified electors of the parish every four years, and shall be ex-officio notary public and parish recorder of con- veyances, mortgages, and other acts. The Legislature shall have power to vest in clerks of court ve^ce^tain^owera authority to grant such orders and to do such acts as may be 1 " clerks, deemed necessary for the furtherance of the administration of justice ; and in all cases the powers thus vested shall be specified and determined. Section 67. Clerks of District Courts may appoint, with the Deputy clerks. " Vacancy in zierk s approval of the district judges, deputies with such powers as office, shall be prescribed by law ; and the court shall have the power to continue one of them in office as clerk in the event of a vacancy until his successor shall be appointed or elected, and qualified. Section 68. Each clerk of court shall give bond and security bo ^ erks to give for the 'faithful performance of his duties in such amount as may be fixed by the Legislature. Vacancies. Section 69. Vacancies occasioned by death, resignation, ov ^If^zjn g- otherwise, in the office of district judge, district attorney, sheriff, how fined, or clerk of the district court, where the unexpired portion of the term is less than one year, shall be filled by appointment by the Governor, with the advice and consent of the Senate. In all cases where the unexpired portion of the term is one year, or more, the vacancy shall be filled by special election, to be called by the Governor, and held within sixty days after the oc- currence of the vacancy, under the general election laws of the State Coroners. Section 70. Unless otherwise provided by law, there shall ^coroner ^or^each be a coroner elected by the qualified electors of each parish, cepted. except in the parish of Orleans, who shall be elected at the general State election and who shall hold office for four years. Article VII. 58 Sections 71-74. coroner to be See tion 71. The coroner of each parish shall be a doctor of ^ c % r tion medi ° ine - medicine, regularly licensed to practice, and shall be ex-officio parish physician; provided, this article shall not apply to any parish in which there is no regularly licensed physician, who will accept the office. Except in the parish of Orleans, the coroner shall act for and in place of the sheriff, whenever the S h? r iff e when aoe of sheriff shall be a party interested, and whenever there shall be a vacancy in the office of sheriff, until such vacancy shall be filled, and if there be no coroner then the district court may make' a temporary appointment, but the coroner shall not, during such vacancy, discharge the duties of tax collector. vacancy, how Section 72. Any vacancy occurring in the office of coroner fUlei shall be filled for the unexpired term by appointment by the Governor. Fees. Legislature to Section 73. The Legislature shall provide a general fee and tia lJ Com P tnsati P on cost bill to regulate the fees and costs to be charged for the ot process by* 7m-. services of sheriffs, clerks and recorders, justices of the peace, ; " u constables, and coroners, in all civil matters; from which com- pensation for the services of said officials may be provided according to law. Salaries may be fixed for said officials, and if the fees and costs collected by them exceed such salaries, such excess may be disposed of according to law. The Legis- lature may provide in all civil cases for the service of process and pleadings by litigants themselves. present compen- Section 74. Until otherwise provided by the Legislature, the sation of sheriffs r * " and clerks to stand sheriffs and clerks of court shall receive salaries, compensation until changed. .-,■,,■,, and expenses as now fixed by law ; provided, that where, by pro- vision of any law, the compensation of the sheriff, or of the clerk of court is by salary, the same as fixed shall be paid in full for each year. special provisions Provided further, that if the Legislature shall enact any law regarding compen- „.,.,„, ■ sation of sheriffs, fixing the sheriff s compensation by fees, each sheriff shall re- ceive for his services in criminal matters, in addition to com- pensation for the keeping of prisoners, conveying convicts, insane persons, juveniles, lepers, and other persons committed to any institution of the State, service of process from another parish, and service of process or the performance of any duty beyond the limits of his own parish, not less than one thousand ($1,000) 59 Article VII. Sections 74-78. dollars per annum; provided further, that in parishes having more than two representatives in the Legislature, the sheriff thereof shall receive five hundred ($500) dollars more for each additional representative ; and until otherwise provided by law, said sum shall be collected and accounted for as required by Act 156 of the General Assembly of 1920. Courts and Officers for the Parish of Orleans. Section 75. Except as herein otherwise provided, the judicial . S^ 1 )" ^. 10118 °i ... ' ° judicial officers or officers of the parish of Orleans shall be learned in the law, and P arish of Orleans, shall have practiced law, or shall have held judicial position in this State for five years, and shall have been actual residents of the parish of Orleans for at least two years next preceding their election or appointment. Court of Appeal for the Parish of Orleans. Section 76. There shall be a Court of Appeal, which shall be c .°" rt of Appeal, r ' parish of Orleans, designated as the Court of Appeal for the Parish of Orleans, h . ow composed. and which shall be composed of three judges, who shall have been residents of one of the parishes, hereinafter named, for at least two years next preceding their election or appointment. Said court shall sit in the city of New Orleans, and shall hold Domicile, sessions " ' and Quorum.. its sessions beginning not later than the first Monday of October and ending not sooner than the thirtieth of June of each year. Two judges shall constitute a quorum. The judges of said court shall be elected for terms of twelve ele ct"d S Terms h and years by the qualified electors of the parishes composing their salaries. circuit. Each of said judges shall receive a salary of six thou- sand dollars per annum from the adoption of this Constitution, payable monthly on his own warrant. ' Section 77. The jurisdiction of the Court of Appeal for the Jurisdiction. Parish of Orleans shall be the same as that of the Courts of Appeal for the First and Second Circuits, except as otherwise provided herein for appeals from the City Courts for the Parish of Orleans. Section 78. Until otherwise provided by law, appeals withi^^X^^aTa the jurisdiction of said court from the parishes of Orleans, St. court 'James, St. John the Baptist, St. Charles, Jefferson, Plaquemines, and St. Bernard shall be returnable to said court. Said Court Article VII. 60 Sections 78-81. of Appeal for the Parish of Orleans shall also have jurisdiction of appeals from the City Courts of the Parish of Orleans in all eases, officers other Section 79. The officers of said Court of Appeal, other than than judges ; their ( -in • ■ • compensation, etc. the judges thereof, their compensation, and all provisions ot law applicable thereto, except as herein otherwise provided, shall be and remain as now fixed until changed by the Legis- lature, except that the clerk shall be appointed and removed by the court at pleasure, and he shall appoint and remove his depu- ties with the consent and approval of the court; provided, that this shall not affect the term of office of the present clerk. Civil District Court for the Parish of Orleans. civil District Section 80. There shall be one ' ' Civil District Court for the Court, Orleans, how ccrr. posed. Parish of Orleans." It shall be composed of not fewer than five Election, terms an.a compensation judges; they shall be elected by the qualified electors of the parish of Orleans for terms of twelve years, and shall each receive an annual salary of four thousand ($4,000) dollars, payable monthly upon his own warrant, to be effective upon the adop- tion of this Constitution. Beginning with the first of January, 1925, the salary of each of said judges shall be five thousand ($5,000) dollars per annum, payable as above provided. Supreme Court to The Supreme Court shall, on or before October 1, 1921, assign assign additional ' ' ° district judges, two judges from other districts of the State to the Civil District Court of the Parish of Orleans, with the power to change them at pleasure, to form two additional sections of said court, over Their compensation. w hi c h said judges shall preside. They shall receive the addi- tional compensation and from the same source allowed judges of the Civil District Court, and the period of their service shall not extend beyond the first day of January, 1925. During the time when said judges are serving, the Supreme Court shall prescribe such rules for the dispatch of business in the said Civil District Court as may be necessary. pttateT io i n 34 to Section 81. The Civil District Court for the parish of Orleans l « 8 9 8, on te£Sorari?y is hereD y vested with the same exclusive original civil jurisdiction as that of District Courts throughout the State, as fixed by this Constitution at the time of its adoption, except such as may be vested by it in other courts in the City of New Orleans. The Legislature shall at its next session, special or regular, enact laws, not in conflict with this Constitution, covering the 61 Article VII. Sections 81-82. subject matter of Articles 134 to 138, both inclusive, of the Con- stitution of 1898, as amended ; and until such action by the Legis- lature all provisions of said articles, not in conflict with this Constitution, shall remain in full force and effect. Until other- en ° rd £* trials^ 61 "' wise provided by law said court shall by rule prescribe the order of preference for the trial of all cases pending therein or filed therein after the adoption of this Constitution. Criminal District Court for the Parish of Orleans. Section 82. There shall be one "Criminal District Court f or court mln how D1 com- the parish of Orleans," from and after October 3rd, 1921. It t p c °^ d and E S aiari^ shall be composed of five judges, who shall be elected by the of 3ud ees. qualified electors for the parish of Orleans for terms o? twelve years. Each judge shall receive an annual salary of four thou- sand ($4,000.00) dollars, payable monthly upon his own war- rant, to become effective upon the adoption of this Constitution ; said salary to be paid until and including the 31st day of De- cember, 1924. TJ.eivaiier each of the judges of said Criminal District Court shall receive a salary of five thousand ($5,000.00) dollars per annum, payable monthly upon his own warrant. The City of New Orleans shall pay to the said judges an additional compensation of one thousand ($1,000.00) dollars each, beginning October 3rd, 1921. The Criminal District Court for the parish of Orleans shall be court, how consti- constituted as follows: 1. The present judges of the Criminal District Court, who shall serve until the 31st day of December of the year in which their terms expire. 2. The judges of the present First and Second City Criminal Courts, who shall serve until the 31st day of December of the year in which their terms expire. 3. A judge to be elected by the qualified electors of the City of New Orleans at an election to be called by the Governor within ninety days after the adoption of this Constitution, who shall take office on October 3rd, 1921, and whose term shall expire on De- cember 31st, 1930. There shall be five separate sections of said Criminal Dis- Five sections of x . _ , Court, all in one trict Court for the parish of Orleans, each presided over by one building, of said judges. All of said judges shall hold court in one build- ing to be provided by the City of New Orleans. Article VII. 62 Sections 82-84. cierks and de P u- Until otherwise provided by law, the Clerk of said Criminal ties; their salaries. DiBtri. t cers; their compon- New Orleans, on the right bank of the Mississippi Kiver. Its ter- sation, quahfica- > ° , ticns, authority and ritorial iurisdiction shall embrace what is now known as the terms of office. ° Fifth District of the City of New Orleans ; and said court shall have the same jurisdiction as the First City Gourt. There shall be one clerk for said city court who shall receive a salary of fif- teen hundred dollars per annum, payable monthly by the city treasurer, out of the fund hereinafter provided. There shall be a constable for said court whose compensation shall be the fees of his office, as may be now or hereafter fixed by law. The judge of said court shall have the same qualifications and authority as the judges of the First City Court, and shall receive the same compensation. Said judge, clerk and constable shall be elected by the qualified voters of said Fifth District of the City of New cera! ection 0l offl " 0rleans > f or the term of fo ur years. The provisions of this Consti- tution, governing appeals from the First City Court, shall apply to, and govern, appeals from the Second City Court. Written pleadings. TT , . . , Unless otherwise provided by law, the pleadings in said city court shall be in writing, vac a n c i e s, how Section 93. Vacancies in the office of civil sheriff, clerk of the Civil District Court, recorder of mortgages, and register of con- veyances, shall be filled temporarily by the judges of the Civil District Court of the Parish of Orleans sitting en banc ; vacancies in the office of the criminal sheriff, clerk of the Criminal Dis- trict Court, clerk and constable of the city courts, shall be filled temporarily by the judges of the courts to which they are at- tached, and all of said appointees shall serve until such vacancies are filled by election or appointment, as provided by law. Recorders. Recorders; their o„„4.- n < m, . , X3K2M& vr n T ? DUdgeS ° f the Re&order s' Courts in the City of removal. *ew Orleans shall be qualified electors, not less than twenty-five years of age, and need not be attorneys at law. The jurisdiction of said courts shall extend to the trial of offences against city ordinances . they shall have no other jurisdiction. The judges of. 67 Article VII. Sections 94-95. said courts shall be elected and removed by the Commission Coun- cil, or other governing authority, of the City of New Orleans. Judicial Expense Fund. Section 95. The clerk of the Civil District Court, the clerks of , JualoI aJ v, ex 5 e S s « ' fund, parish of Or- the First and Second City Courts, the register of conveyances, and S ex h endea ealU!ed and the recorder of mortgages, shall keep accurate and detailed accounts, in books to be used for that purpose, of all fees collected in their offices respectively, and they shall furnish daily to the Commissioner of Public Finance of the City of New Orleans transcripts of said accounts, certified by them or by their authority, and they shall pay daily into the treasury of the City of New Orleans the whole amount of fees so collected by them, which shall constitute the judicial expense fund of the parish of Orleans, and the salaries of the said above named officers and their deputies, as well as the expenses of their respective offices, shall be paid therefrom upon warrants signed by the presiding judge of the Civil District Court. The judges of the Civil District Court for the parish of Orleans, Control of funa , r 'administrative func- court en banc, shall have control over the judicial expense fund tions. for the parish of Orleans, accruing, and acrued, and to this end shall fix and regulate, from time to time, the number of deputies and employees of the offices of the clerk of the Civil District Court, the city courts, register of conveyances and recorder of mortgages of said parish and their expenses, and also shall have power to fix the tariff of costs and charges to be paid for official services, which shall not exceed in any respect the tariffs now fixed by law, in said offices, which are paid into, and constitute said fund ; due publications of which tariff, when made, shall be given. They shall have power to determine, whether any amounts from said fund, or its excess, shall be devoted to the expense of taking testimony by short hand and to regulate and provide for the same. The judges of said court shall each receive an additional annual salary of one thousand dollars, payable monthly upon his own warrant, which shall be payable out of this fund; and, pro- vided further, that the said judges are authorized to contribute out of said surplus fund, to the embellishment and maintenance of the court house and its furnishings. The judges of said Civil District Court shall file with the clerk of said court on January 1st, and July 1st, of each year, a Article VII. 68 Sections 95-97. statement of the condition of said judicial fund showing the receipts and disbursements of said fund accompanied with a cer- tificate of the bank or banks selected as a judicial depository showing the amount in bank actually to the credit of said fund. The Juvenile Court. juvenile. Court. Section 96. There shall be a "Juvenile Court for the Parish of aictloSf ' '" uns Orleans, ' ' which shall have jurisdiction, except for capital crimes, of the trial of all children under seventeen years of age who may be charged in said court as neglected or delinquent children, and of all persons charged with contributing to the neglect or delin- quency of children under seventeen years of age, the violation of any law, now in existence or hereafter enacted for the protection of the physical, moral and mental well-being of children not punishable by death or hard labor. Said court shall also have jurisdiction of all cases of desertion or non-support of children by Appeals to crim- either parent, or of wives by their husbands. Appeals shall lie on supreme Court may questions of law and of f act to the Criminal District Court from all judgments rendered by the Juvenile Court, but said appeals shall not suspend the judgment of said court. The Supreme Court shall have the right to review such judgments of the Criminal Dis- trict Court by writ of certiorari or review. be P by S af?idavft may AH prosecutions before said court may be upon affidavit. Until otherwise provided by the Legislature, the jurisdiction of said court, the manner of prosecution therein, its officers, and every- sions IS o 1 p n ef-ativ P e r °ti i fi tll i n g else pertaining to it, except as may be- otherwise provided changed. herein, shall remain as fixed and provided immediately prior to the adoption of this Constitution. hi S F saiary n anVte a rm' The ^ uAge of said court sha11 receive a salary of four thousand dollars per annum, payable monthly upon his own warrant, to take effect on the adoption of this Constitution. His term of of- fice shall be eight years, and he shall be elected by the qualified electors of the City of New Orleans. noe a r S e , ct P i ari S h°of ol'- Section 97. The election of judges and other officers for the S'atio^o" terms! P arish ° f Orleans and City of New Orleans herein provided for, the time of which is not specially fixed, shall be held at the time of the parochial and municipal elections ; provided, the judges of the Court of Appeal, and of the Civil and Criminal District Courts, and of the city courts, and of the Juvenile Court, shall 69 Article VIII. Section 1. serve until December 31st of the year in which their terms shall expire, and their successors shall be elected at the Congressional election next preceding. ARTICLE VIII. SUFFRAGE AND ELECTIONS. Section 1. After January 1, 1922, the right to vote in Louis- m eht to vote, iana shall not exist except under the provisions of this Con- stitution. Every citizen of this State and of the United States, native Ue ^" ^ fioatlon3 of born or naturalized, not less than twenty-one years of age, and possessing the following qualifiations, shall be an elector, and shall be entitled to vote at any election in the State by the people : (a). He shall have been an actual bona fide resident of the State for two years, of the parish one year, of the municipality in municipal elections four months, and of the precinct, in which he offers to vote, three months next preceding the election ; pro- vided, that removal from one precinct to another in the same parish shall not operate to deprive any person of the right to vote in the precinct from which he has removed until three months after such removal; provided, that removal from one parish to another shall not deprive any person of the right to vote in the parish from which he has removed for district officers to be elected in a district which includes the parish to which he has removed, or for State officers, whether the parish be in the same district or not, until he shall have acquired the right to vote for such officers in the parish to which he has removed. (b). He shall be, at the time he offers to vote, legally enrolled qu f r |f stratlon re " as a registered voter on his own personal application, in accord- ance with the provisions of this Constitution, and the laws enacted thereunder. (c). He shall be of good character and shall understand the er ^y; a Ta e tt^ a iiow duties and obligations of citizenship under a republican form of demonstrated, government. He shall be able to read and write, and shall dem- onstrate his ability to do so when he applies for registration by making, under oath, administered by the registration officer, or Article VIII. 70 Section 1. Character ana lit- his deputy, written application therefor, in the English language, or his mother tongue, which application shall contain the essen- tial facts necessary to show that he is entitled to register and vote, and shall be entirely written, dated, and signed by him, except that he may date, fill out, and sign the blank application for registration hereinafter provided for, and, in either case, in the presence of the registration officer or his deputy, without assistance or suggestion from any person or any memorandum whatever, other than the form of application hereinafter set forth; provided, however, that, if the applicant be unable to write his application in the English language, he shall have the right, if he so demands, to write the same in his mother tongue from the dictation of an interpreter; and, if the applicant is unable to write his application by reason of physical disability, the same shall be written at his dictation by the registration officer or his deputy, upon his oath of such disability. Blank application Until and unless otherwise provided by law, the application for registration above provided for, shall be a copy of the fol- lowing form, with the proper names, dates and numbers sub- stituted for the blanks appearing therein, to-wit : I am a citizen of the State of Louisiana. My name is Mr , Mrs , Miss I was born in the State (or country) of , Parish, (or county) of , on the day of , in the year I am now years, months and days of age. I have resided in this State since , in this parish since , and in precinct No , in Ward No , since , and I am not disfranchised by any provision of the Constitution of this State. and'lnterpret Con- Said applicant shall also be able to read any clause in this statical -a.™* Constitution, or the Constitution of the United States, and give a reasonable interpretation thereof. caSSnf unaers^ndl W ■ If he is no * able to read or write, then he shall be entitled Co S nstnutfo D c . tion ° ft0 re S ister if be shall be a person of good character and reputa- tion, attached to the principles of the Constitution of the United States and of the State of Louisiana, and shall be able to under- stand and give a reasonable interpretation of any section of 71 Article VIII. Sections 1-2. 'either Constitution when read to him by the registrar, and he must be well disposed to the good order and happiness of the State of Louisiana and of the United States and must understand the duties and obligations of citizenship under a republican form of government. (e). He must in all cases be able to establish that he is the ta £{}g^Jf t0 be es ' identical person whom he represents himself to be when applying for registration, and when presenting himself at the polls for the purpose of voting in any election or primary election. Section 2. No person less than sixty years of age shall be per- Poll tax, requisite, mitted to vote at any election in the State who shall not, in addition to the qualifications above, prescribed, have paid on or before the 31st day of December, of each year, for the two years next preceding the year in which he offers to vote, a poll tax of one dollar per annum, to be used exclusively in aid of the public schools of the parish in which such tax shall have been col- lected; which tax is hereby imposed on every resident of this State between the ages of twenty-one and sixty years. Poll taxes shall be a lien only upon assessed property, and no process shall issue to enforce the collection of the same except against assessed property. Every person liable for such tax shall, before being allowed of ^, r °,f f t ° x payment to vote, exhibit to the commissioners of election his poll tax receipts for two years as above prescribed, issued on the official form, or duplicates thereof, in the event of loss ; or proof of pay- ment of such poll taxes may be made by certificate' of the tax collector, which shall be sent to the commissioners of the several voting precincts, showing a list of those who have paid said two Pran4 corrupt years' poll taxes as above provided, and the dates of payment. payment ' et0 - It is hereby declared to be forgery, and punishable as such, for any tax collector or other person to antedate, or alter, or fraudulently issue, a poll tax receipt. Any person who shall pay the poll tax of another or advance him money for that purpose, in order to influence his vote, shall be guilty of bribery po u x t1 l x P payment ,m and punished accordingly. The provisions of this article as to the payment of poll taxes shall not apply to persons who are deaf and dumb, or blind, nor to persons under twenty-three Article VIII. 72 Sections 2-5. years of age, who have paid all poll taxes imposed upon them by this article, nor, in time of war, to citizens of this State, in the military or naval service of the United States. These pro- visions shall not apply during the year 1921 to any person who shall have paid a poll tax for the year 1920 at any time prior to the date of an election at which he offers to vote in the year 1921; nor during the year 1922 to any person who shall have paid his poll taxes for the years 1920 and 1921 at any time before January 1, 1922. Qualifications of Section 3. Upon all questions submitted to the taxpayers, as taxpayers as voters. ■ r j. No voting by proxy. sno ^ f any . mun i c ipal or other political subdivision of this State, the qualifications of all such taxpayers as voters shall be those of age, residence, . poll tax payment, and registration prescribed by this Constitution without regard to sex, and there shall be no voting by proxy. Primary elections, Section 4. The Legislature shall enact laws to secure fairness conventions, etc. ° Representation in in party primary elections, conventions, or other methods of naming party candidates. No person shall vote at any primary election or in any convention or other political assembly held for the purpose of nominating any candidate for public office, unless he is at the time a registered voter, and have such other and additional qualifications as may be prescribed by the party of which candidates for public office are to be nominated. And in all political conventions in this State the apportionment of representation shall be on the basis of population. ga?"to b C onve a ntfo e n?" No P erson sha11 be chosen as a delegate by any political party in this State to represent such party in any convention, local, State, or national, unless such delegate is a duly qualified elector under the provisions of this Constitution. ni5 e S e ?egis f t ration: Section 5 - An Y Person possessing the qualifications for voting prescribed by this Constitution, who may be denied registration, shall have the right to apply for relief to the district court having jurisdiction of civil causes for the parish in which he offers to register. Said court shall then try the cause, giving it preference over all other cases, before a jury of twelve, nine of whom must concur to render a verdict. This verdict shall be a final determination of the cause. The trial court may, however. 73 Article VIII. Sections 5-9. grant one new trial by jury. In no cases shall any appeal lie • or any other court exercise the right of review. Any duly qualified voter of this State shall have the right to Na ™ e ? i"egaiiy ,,,.... e on registration roll. apply to the district court to have stricken off any names illegally placed or standing on the registration rolls of any parish within the jurisdiction of said court; such application shall be tried by preference before a jury of twelve, nine of whom must concur to find a verdict, and no appeal or right of review shall be granted to any party to said cause, except the party whose name is stricken from the registration rolls ; this appeal to be return- able to the court of appeal having jurisdiction of appeals from such parish. The finding of said court of appeal shall be final, and the same shall not be reviewed by any other court. Such application and appeals herein above provided for shall be without cost. The Legislature shall provide for the prosecution of all per- m f r ai sec r ^ ti ° s n t ration sons charged with illegal or fraudulent registration or voting or and votin s- any other crime or offense against the registration, or election, or primary election, laws. Section 6. The following persons shall not be permitted to fie J e ™°^ s te ^ s ^: register, vote, or hold office or appointment of honor, trust, or fice holders - profit in this State, to-wit : Those who .have been convicted of any crime which may be punishable by imprisonment in tiie penitentiary, and not afterward pardoned with express restora- tion of franchise ; those who are inmates of any charitable in- stitution, except the Soldiers' Home; those actually confined in any public prison; all interdicted persons, and all persons noto- riously insane or idiotic, whether interdicted or not. Section 7. In all elections by the people the electors shall ^ecUons, how vote by ballot, and the ballots cast shall be publicly counted. In all elections by persons in a representative capacity, the vjte shall be viva-voce. Section 8. Electors shall, in all cases except treason, feloiiy, £r ^ 1 ec a t r r I e s s ? rivilese,J or breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Section 9. Until otherwise provided by law, the general State el °^ a l b ^ e \l election shall be held once every four years on the Tuesday next following the third Monday in April. Article VIII. 74 Sections 9-13. National e i e c- Presidential electors and members of Congress shall be chosen tlons. -i ■, i t or elected in the manner and at the time prescribed by law. tions roc exoept e ' ot~- Section 10. Parochial elections, except in the parish of Or- leans, when held. i eanS; s hall be held on the same day as the general State elections. Elections in New In the city of New Orleans the first parochial and municipal Orleans, when held. . elections for all officers under this Constitution, unless other- Terms of officers. wise provided therein, shall be held on the Tuesday following the first Monday of April, 1925, and the officers then elected shall serve for a term of five years, and their successors shall be elected on the Tuesday following the first Monday in April, 1930, and thereafter said elections shall take place every four years on the Tuesday following the first Monday in April. All officers so elected shall take their offices on the first Monday in May following their election. residence 01, '° ss ° f Section 11. For the purpose of voting, no person shall be deemed to have gained a residence, by reason of his presence, or to have lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States ; or while engaged in the navigation of the waters of this State or of the United States or of the high seas; or while a student of any institution of learning. eiec«ons° f contested Section 12. The Legislature shall provide by law for the trial and determination of contested elections of all public officers, whether State, district, judicial, parochial, municipal or ward (except Governor and Lieutenant Governor), which trials shall be by the courts of law, and at the domicile of the party de- fendant. f . Eligibility to of- Section 13. No person shall be eligible to any office, State, district, parochial, municipal or ward, who is not a citizen of this State and a duly qualified elector of the State, district, parish, municipality or ward, wherein the functions of said office are to be performed. And whenever any officer, State, district, parochial, municipal or ward, may change his residence from this State, or from the district, parish, municipality or ward, in which he holds such office, the same shall thereby be vacated, any declaration of retention of domicile to the contrary not- Eseeption. withstanding ; provided further, that this article shall not apply to superintendents of public schools. 75 Article VIII. Sections 14-16. Section 14. Keturns of elections for all civil officers who . Returns of eiec- , . . tions. are to be commissioned by the Governor shall be made to the Secretary of State, unless otherwise provided in this Constitu- tion. Section 15. All elections by the people, except primary elec- by E ^'^ b2 Il0 tf tions and municipal elections in towns having a population of exee P tion - less than twenty-five hundred, when such elections are not held at the same time as general State elections, shall be by official ballot, printed and distributed at the expense of the State ; and such ballots shall have printed thereon, and at the head and immediately preceding the list of names of the candidates of Device for voting , straight ticket. each political party or nominating paper, a specific and separate device adopted by such political party by which the political party and the candidates of such political party or nominating paper may be indicated. By stamping such device at the head of the list of candidates of each political party, or nominating paper, the voter may indicate that his vote is for the entire or straight ticket of the particular party or nominating paper employing the particular device allotted to such political party, ^ ^ ^ J ' Provision for vot- or nominating paper. When the voter does not desire to vote an tng o t n e r than ° r r straight ticket. entire straight party ticket, he may vote for candidates of any political party or nominating paper, by stamping or marking with (X) a blank space to be left opposite the names of each candidate on said official ballot. The Legislature shall provide some plan by which the voters secrecy of ballot *- r j Independent can- may prepare their ballots in secrecy at the polls. This section didates. shall not be construed so as to prevent the names of independent candidates from being printed on the ballots with a device ; and Inapplicable t o names of candidates may be written on the ballot. These pro- tax elections, visions shall not apply to elections for the imposition of special taxes, for which the Legislature shall provide special laws. Section 16. Electors shall not be registered within thirty days ti0 £i°se of registra- next preceding any election at which they may offer to vote, but application to the courts, and appeals, provided for in this Con- stitution, may be heard and determined, and revision and trans- fer from precinct to precinct in the same parish may take place at any time prior to the election, and no person who, in respect to age and residence, would become entitled to vote within the said Article VIII. Sections 16-18. 76 voters voters thirty days, shall be excluded from registration on account of his want of 'such qualifications at the time of his application for registration. Registration o f Section 17. The Legislature shall provide for the registration of voters throughout the State. b. e g i s t r a r s of Section 18. There shall be a registrar of voters for the parish of Orleans, who shall be appointed by the Governor, and one for each parish in the State, who shall be appointed by the police jury or other governing authority of such parish. Bond, oath and rpj^ Q overnor shall issue a commission to each registrar who shall thereupon make such bond, subscribe 'to such oath, and. receive such compensation as the Legislature may prescribe; provided, that the State and the parish shall each pay one-half of such compensation. state Board of The Governor, Lieutenant-Governor, and Speaker of the Registration. Power . -,-r-> 1( .-r>-i of. House of Representatives shall compose the Board of .Registra- tion and any two members of same shall have power to remove, at will, any registrar in this State. and lr new ^fgistra- ^ he ^ rst Registrar in each parish shall be appointed on or tion - before December 15, 1921, and a new and complete registra- tion shall be had under this Constitution in every parish begin- ning January 2nd, 1922. iiiied cancy ' h ° w Sn °uld a Registrar be not appointed by December 15, 1921, or any subsequent vacancy be not filled, within thirty days after its occurrence, by the above constituted authority, a majority of the Board of Registration shall appoint and the Governor shall commission a Registrar of Voters in each parish which has none. ensibTe PO to a other of-" No Registrar of Voters shall be elected or appointed to any fice - other office within twelve months after vacating that of Registrar. to exercisepowers™ No other officer or person shall exercise any of the powers or duties of the Registrar of Voters after December 15th, 1921 ; provided, this shall not be construed to forbid the Legislature to authorize the appointment, by the Registrar, of deputy regis- trars. 77 Article VIII. Sections 19-23. Section 19. In the trial of contested elections and in proceed- ,. Testimony in eiec- r tion matters. ings for the investigation of elections and in all criminal trials under the election laws, no person shall be permitted to withhold testimony on the ground that he may incriminate himself or subject himself to public infamy, but such testimony shall not be used against him in any judicial proceeding except for per- jury in giving such testimony. In the trial of persons charged with having committed bribery p I . : {£[^"j o i n y f 0r S in any primary, special or general election in the State, either ery ' the bribe-giver or the bribe-taker may give evidence, or make affidavit against the other, with immunity from prosecution in favor of the first informer, except for perjury in giving such testimony. Section 20. The right of any person, who is a qualified voter, Ri sM to serve as ° j r > i > commissioner a t to serve as a commissioner at the polls in any election in this pollB - State shall not be abridged, and the fact that he so served shall not disqualify him from holding any position by election or ap- pointment, whether State, municipal or other position. Section 21. In the event that a person, who has previously Registration after ; removal. registered, shall move from one precinct in a parish to another precinct of the same parish in any year that his registration shall expire, such person shall have the right to register in the precinct to which he has removed at any time prior to thirty (30) clays before any election by making oath before the proper registration officer that he has resided in such precinct for a period of thirty days. Section 22. The Legislature may provide a method by which Absentee voting, absentee voting will be permitted other than by mail. Section 23. (a). No person, who shall receive, accept, or penalty ^.cor- offer to receive, or accept, offer or promise to pay, contribute, or offer or promise to contribute to another, to be paid or used, any money, office, position or other valuable thing as a com- pensation or reward for the giving or withholding of a vote at any general, special or primary election, or who shall make any promise to influence the giving or withholding of such vote, shall be permitted to vote at such election; and each and Article IX. Sections 1-2. 78 every such person shall be forever excluded from the right of suffrage and from holding any office of trust or profit under the laws of this State. Duties of grand (b). The grand juries throughout the State shall investigate £&£*£* diStriCt all violations of paragraph (a) of this section reported to them or coming to their knowledge; and the district attorneys through- out the State shall, on the recommendation of the grand jury, or may, on information and belief, institute suit, in the name and on the relation of the State, against each person charged with any such violations, in the district court of the parish where such person resides; and if the court finds that the charges preferred by such suit are sustained by the evidence, it shall, in the decree rendered on that questiGn, forever exclude such person from exercising the right of suffrage and from holding any office of trust or profit under the laws of this State, re- serving to such person the right of appeal on the law and the facts to the Supreme Court. section self -ope- ( c ). This section shall be self -operative, rative. ARTICLE IX. IMPEACHMENT AND REMOVAL FROM OFFICE. impeachment of Section 1. All state and district officers, whether elected or state and district ' officers. appointed, shall be liable to impeachment for high crimes and misdemeanors in office, incompetency, corruption, favoritism, extortion, or oppression in office, or for gross misconduct, or habitual drunkenness. impeachment by Section 2. All impeachments shall be by the House of Repre- House, trial by Sen- r J r ate. sentatives, and shall be tried by the Senate, whose members shall be upon oath or affirmation for that purpose, and two-thirds of the senators elected shall be necessary to convict. When the governor is on trial the chief justice or an associate justice of the Supreme Court shall preside. The Senate may sit for said purpose whether the House be in session or not, and may adjourn tio?. esuIt ° f ° 0nvle " as i1; thinks proper. Judgment of conviction in such cases shall remove and debar the accused from holding any office under the State, and shall disqualify any judge or district attorney, or attorney general from practicing law, but whether of convic- tion or acquittal, shall not prevent prosecution and punish- suspension. ment otherwise according to law. Such proceeding shall suspend 79 Article IX. Sections 2-6. any officer, except the Governor or acting Governor, and the office shall be filled by the appointing power until decision of the impeachment. Section 3. For any reasonable cause, whether sufficient for ar 'j*jg ao tg 1 l^su^ impeachment or not, any officer, except the Governor or acting ture - Governor, on the address of two-thirds of the members elected to each house of the Legislature, shall thereby be removed, and be ineligible to succeed himself. The cause or causes for which such removal is made shall be stated at length in the address and printed in the journals of both houses. Section 4. For anv of the causes mentioned in Section 1 hereof, Judges of Su- ' preme Court, how judges of the Supreme Court may be removed from office by amoved. judgment of a court of not less than seven judges, to be com- posed of the judges of the Supreme Court not connected with the case and a sufficient number of the judges of the courts of appeal, oldest in point of service. Any member of said court may be challenged for reasonable cause, and all judgments shall be by a majority of the court. The suit shall be instituted by the Attorney General or an assistant, on the written request, ac- companied by specific charges, of one hundred citizens and tax- payers, twenty-five practicing lawyers, or two justices of the Supreme Court. Section 5. For any of the causes specified in Section 1 hereof, ju g, e ™ oval of other the judges of the courts of record may be removed by judgment of the Supreme Court, which is hereby vested with original jurisdiction therein, and may make such rules for the speedy and economical trial thereof as it deems proper. Such suits may be instituted by the Attorney General or district attorney, in his discretion, and he shall do so when requested in writing by the Governor, or twenty-five citizens and taxpayers, or one- half of the practicing attorneys residing within the district from which any judge was elected. Section 6. For any of the causes enumerated in Section 1 how a remoTed." 1Cer * hereof, any officer, whether state, district, parochial, or of a ward or municipality, except the Governor, Lieutenant-Governor, and judges of the courts of record, may be removed by judg- ment of the district court of his domicile. The Attorney General or district attorney may, in his discretion, institute such suit, and shall do so (except when the suit is to be brought against Article IX. SO Sections 6-9. himself) on the written request, specifying the charges, of twenty-five citizens and taxpayers, or of the governor, in the case of state, district, parochial or municipal officers, and of ten resident citizens and taxpayers in the case of ward officers. Suits against the Attorney General shall be brought at the place where he discharges his official duties by the district attorney of that district, and suits against a district attorney shall be brought by the Attorney General or the district attorney of an adjoining district, or by an attorney appointed by the court, whenever requested to do so, as above set forth'. to°remov1; m prefer- Section 7. Ten days citation shall be allowed in all .suits to appla'a SU ° h s " its : remove, and they shall have preference throughout over all other cases. The State, Attorney General, district attorney, or any person at whose instance a suit is brought, may appeal, and in cases of state and district officers, the appeal shall lie to the Supreme Court ; all other appeals shall lie to the courts of appeal having territorial jurisdiction. remote 1 ° f suRs tc " N "° s,1 ' t fov romoval shall work a suspension from office; but the trial court may, by rule nisi and contradictory hearing, after ten days notice, suspend any officer, subject to a review by the proper appellate court, and such office shall be idled by the appointing power until the cause is finally decided. Recovery of costs. In ;my ca)lse |inal]y deeided in favQr of fi dcferK j aut ff icerj he shall recover judgment for all costs and a reasonable attor- ney's fee. e suspension of fi- Q ri ,,f; ri „ o r\ +1 i , ■ ,. duciary officers. section a. Un tut' recommendation of the Auditor or th police jury of any parish, the governor may suspend any officer charged with the custody or collection of public funds 'when m Recall of officers ^ Section 9. The Legislature may pass laws for the recall of any State, district, parish, municipal or ward officer, except judges of the courts of record, and except wherein otherwise provided by this Constitution; provided, the sole issue tendered at any recall election shall be whether such officer shall be recalled. ARTICLE X. REVENUE AND TAXATION. t . o Power of taxa- Section 1. The power of taxation shall be vested in the Legis- lature; shall never be surrendered, suspended or contracted 81 Article X. Sections 1-3. away; and all taxes shall be uniform upon the same class of Taxes uniform subjects throughout the territorial limits of the authority levying pSs es f °onFy Ublic pur " the tax, and shall be levied and collected for public purposes only. No property shall be assessed for more than its actual cash value, and all taxpayers shall have the right of testing the correctness of their assessments before the courts at the domicile of the assessing authority. The valuation and classifi- c :tsSStS^. and cation fixed for State purposes shall be the valuation and classifi- cation for local purposes ; but the taxing authorities of the local subdivisions may adopt a different percentage of such valuation for purposes of local taxation. After May 1, 1924, 'equal and uniform taxes, not to exceed income taxes. three per cent (3%), and for State purposes only, may be levied upon net incomes. Such taxes, when levied and paid, shall be credited pro tanto, or entirety offset by all taxes, State and local, paid by the taxpayer for the year in which such income tax is due. Such income tax may be in lieu of occupational licenses and other taxes as the Legislature may provide. Public officials shall not be exempted. Reasonable exemptions may be allowed. For the purpose of encouraging the reforestation of denudednua^fands. ° £ de " lands, contracts fixing the assessed valuation of the specific lands for the duration of the agreements are hereby authorized under such regulations, terms and conditions as may be prescribed by law. Section 2. The Board of State Affairs hereafter shall be Co ^ s s ^£; Yts called the Louisiana Tax Commission, shall consist of three mem- P° wers - bers, and, subject to the control of the Legislature, shall exercise such authority in respect to assessment, taxation, the State budget, and other matters as now is, or hereafter may be, pre- scribed by law. At the expiration of the respective terms of the present and ^ p°J »* £»£ succeeding members, the Governor shall, by and with the con- sent of the Senate, appoint their successors for a term of six years each ; and shall fill any vacancy by appointment, for the unexpired term. The salary of said members shall be five thou- sand dollars each per annum. Section 3. The rate of State taxation on property for all^t^ of state purposes shall not exceed, in any one year, five and one-quarter mills on the dollar of its assessed value; provided, the Legis. Article X. 82 Sections 3-4. lature may, by a vote of two-thirds of the members elected to each house, increase such rate to not more than five and three- quarter mills on the dollar. from°te£!tion Xempt Section 4. The following property, and no other, shall be exempt from taxation: All public property. Places of religious worship ; rectories and parsonages belonging to religious denominations, and used as places of residence for ministers; places of burial; property devoted to charitable undertakings, including that of such organizations as lodges and clubs organized for charitable and fraternal purposes and practicing the same; schools and colleges; but the exemption shall extend only to property, and grounds thereunto appurte- nant, used for the above mentioned purposes, and not leased for profit or income. Cash on hand or on deposit ; loans or other obligations secured by mortgage on property located exclusively in the State of Louisiana, and the notes or other evidence thereof ; loans by life insurance companies to policyholders, secured solely by their policies; loans by homestead associations to their members, se- cured solely by stock of such associations; debts due for mer- chandise or other articles of commerce or for services; obliga- tions of the State or its political subdivisions; household prop- erty to the value of one thousand dollars; the legal reserve of life insurance companies organized under the laws of this State;, property belonging to any military organization of the State, used by the State National Guard or militia for military pur- poses; agricultural products while owned by the producer; agricultural implements and farm improvements to the value of five hundred dollars; hogs, sheep and goats for personal use; books, philosophical apparatus and paintings kept in a public hall; the real estate and appurtenant property constituting auditoriums, opera houses, temples of music, museums of art or carnival organizations, conducted as civic enterprises for the public welfare, while used solely for the promotion of art and not operated for profit to the owners; property belonging to> agricultural fair associations and used exclusively in the conduct of such fairs; ships and ocean-going tugs, tow-boats and barges, engaged in over-seas trade and commerce and domiciled in 83 Article X. Sections 4-5. Louisiana ports; provided, this exemption shall not apply to harbor, wharf, shed, and other port dues; and no ship, tug-boat or barge operated in the coastal trad* of the continental United States shall be within the exemption herein granted. For ten years from the date of completion, the capital stock, Property exempt franchises, and property of all corporations constructing, owning «nSedf xatl ° n ( °° n " and operating within the State a combined system of irrigation, navigation and hydro-electric power, using fresh water of Louis- iana streams and water sheds; provided, not less than three million dollars shall have been expended in the construction of either system prior to January 1, 1927. No real or corporeal property shall be covered by this exemption, except that which is necessarily connected with, and appurtenant to, each canal system and forming part thereof, or forming a part of its neces- sary capital or reserves ; nor shall this exemption extend to the assessed value that such real estate had at the time it may be acquired by the company; provided, the right of the State to regulate the diversion of its public waters from their natural beds shall not be hereby waived. For ten years from date of completion, all pipe lines, pumping plants and other property actually used in the transportation and distribution of natural gas, for fuel and light purposes, wholly within this State; provided, such line shall have been constructed after the adoption of this Constitution and shall have been completed prior to January 1, 1926; and, provided, this exemption shall not apply to any property within a munici- pality, nor to pipe lines built to cities or towns already supplied with natural gas. For a period of fifteen years from the date of the adoption of this Constitution, all buildings, fixtures and machinery used for manufacturing or commercial purposes, located on lands situated on the Navigation Canal leased from the Board of Commissioners of the Port of New Orleans ; provided, no owner of such property shall be entitled to this exemption unless he shall have invested twenty-five thousand dollars or more in the physical property of such enterprise and keeps constantly employed at least twenty- five persons therein. Section 5. Parochial and municipal corporations and public Public corpora- boards may exercise the power of taxation, subject to such may levy taxes. Article X. 84 Section 5-9. limitations as may be elsewhere provided in this Constitution, under authority granted to them by the Legislature for parish, municipal and local purposes, strictly public in their nature. The provisions of this section shall not apply to, nor affect, similar grants to such political subdivisions under other sec- tions of this Constitution which are self-operative. Local taxes. Section 6. The Legislature may provide that all local, munici- pal and district taxes, shall be assessed and extended on the parish assessment roll and collected by the tax collector of the parish, .inheritance and Section 7. Taxes upon inheritances, legacies and donations, donation taxes. . . -i.lj or gifts made m contemplation of death, may be graduated, classified or progressive ; provided, such taxes shall not -exceed three per cent as to ascendants, descendants or surviving spouse ; ten per cent as to collateral heirs; or fifteen per cent as to others; and exemptions to a reasonable amount may be allowed. Donations and legacies to charitable, religious or educational institutions located within the State shall be exempt from such tax. exem°uons axes and Section 8. License taxes may be levied on such classes of per- sons, associations of persons and corporations pursuing any trade, business, occupation, vocation or profession, as the Legis- lature may deem proper, except clerks, laborers, ministers of religion, school teachers, graduated trained nurses, those engaged in mechanical, agricultural, or horticultural pursuits or in oper- ating saw mills. Such license taxes may be classified, graduated or progressive. No political subdivision shall impose a greater license tax than is imposed for State purposes; but when an income tax is levied by the State, in lieu of State license taxes, this shall not prohibit the levy by the political subdivisions of the State of such license taxes as the Legislature may authorize. Those who pay municipal license taxes equal in amount to such taxes levied by the parochial authorities shall be exempt from such parochial license taxes. dcScSe i d 0n °out an o? Section 9. Each bank organized under Section 25 (a) of the state - Federal Reserve Act and each banking association, banking cor- poration, or bank, doing business in this State and domiciled outside thereof, which may in its own name, or in the name of an agent or representative, engage in this State in the business Limitations. 85 Article X. Sections 9-10. of lending money or dealing in bills of exchange exclusively, shall pay, annually, in lieu of all other taxes, except on its real estate, five hundred dollars license and five per cent on the gross amount of interest earned, including discount, one-half thereof to go to the State and the other half to the municipality wherein it has its principal office in this State. Section 10. For the purpose of constructing or improving, special locii public buildings, school houses, roads, bridges, levees, sewerage tions - or drainage works, or other works of permanent public improve- ment, title to which shall be in the public, or for the mainte- nance thereof, any political subdivision may levy taxes, in ex- cess of the limitations otherwise fixed in this Constitution, not to exceed in any year five mills on the dollar for any one of said purposes, and not to exceed in any year twenty-five mills on the dollar, on any property, for all of said purposes ; and for giving additional support to public schools, any parish, school district or sub-school district, or any municipality, which supports, or contributes to the support of, its public schools, may levy taxes, in excess of the limitations otherwise fixed in this Constitution, not to exceed, in the aggregate, on any property, in any year, eight mills on the dollar; provided, no special tax authorized by this section shall run for a longer period than ten years, and, provided further, that the rate, purpose and duration of any such special tax shall have been submitted to the resident prop- erty taxpayers qualified to vote in the subdivision in which the tax is to be levied, and a majority of those voting, in number and amount, shall have voted in favor thereof. The provisions of this section shall not affect the validity of any tax levied by authority of an election held prior to the adoption of this J . City of New Or- Constitution. The city of New Orleans may further levy a leans may levy tax . „ . for zoological gar- special tax not to exceed one-fifth of one mill on the dollar oi its den. } assessed valuation, for the purpose of establishing and maintain- ing a zoological garden in that city, provided the rate, purpose and duration of such special tax shall have been submitted to the resident property taxpayers qualified to vote in said city, and a majority of those voting, in number and amount, shall have voted in favor thereof. The police jury of Sabine parish shall have the power, without ^abtaeparish for a vote of the property taxpayers, to levy an additional tax not Article X. 86 Sections 10-11. to exceed one and one-half mills on the dollar, to be levied annu- ally and so long as necessary on the assessed property in said parish for the sole purpose of paying any excess revenue bonds, now outstanding, and heretofore issued and sold, in order to secure funds for court building in said parish. taxes- 1 tlx°siies° ° £ Section 11. There shall be no forfeiture of property for the nonpayment of taxes, but at the expiration of the year in which said taxes are due, the collector shall, without suit, and after giving notice to the delinquent in the manner provided by law, advertise for sale in the official journal of the parish or mu- nicipality, provided there be an official journal in such parish or municipality, or if not, then, as is now or may be provided by law for sheriff's sales, the property on which the taxes are due in the manner provided for judicial sales, and on the day of sale he shall sell such portion of the property as the debtor shall point out ; and in case the debtor shall not point out suffi- cient property, the collector shall, at once and without further delay, sell the least quantity of property which any bidder will buy for the amount of taxes, interest and costs. The sale shall be without appraisement and the property sold shall be re- deemable at any time during one year from date of recordation of the tax sale, by paying the price given, including costs and twenty per cent thereon. No judgment annulling a tax sale shall have effect until the price and all taxes and costs paid, with ten per cent per annum interest on the amount of the price and taxes paid from date of respective payments, be pre- viously paid to the purchaser; provided, this shall not apply to sales annulled on account of taxes having been paid prior deeds.* collectors ' t0 the date of sale - All deeds of sale made, or that may be made, b y the collectors of taxes, shall be received by courts in evidence as prima facie valid sales. beY e h t 6 LiIe! e may No sale of P r °Perty for taxes shall be set aside for any cause, except on proof of payment of the taxes for which the property was sold prior to the date of the sale, unless the proceeding to annul is instituted within six months from service of notice of sale, which notice shall not be served until the time of redemption shall have expired and within three years from the date of the recordation of the tax deed, if no notice is given. The fact that taxes were paid on a part of the property sold, prior to the 87 Article X. Sections 11-15. sale thereof, or that part thereof was not subject to taxation, shall not be cause for annulling the sale as to any part thereof on which the taxes for which it was sold were due and unpaid, pro- vided that the provisions hereof shall not affect any pending suit, nor any suit which may be brought within a period of twelve months from the date of the adoption of this Constitu- tion, in which any tax sale is sought to be annulled for any of said causes. The manner of notice and form of proceeding to quiet tax Quieting tax titles. .,,,,, . , , , Taxes on movables. titles shall be provided by law. Taxes on movables shall be collected by seizure and sale by the tax collector of the movable property of the delinquent, whether it be the property assessed or not, sufficient to pay the tax. Sale of such property shall be made at public auction, without appraisement, after ten days' advertisement, made within ten days from date of seizure, and shall be absolute and without redemption. If the tax collector can find no corporeal movables of the de- Levy on incorpo- r . real rights. linquent to seize, he may levy on incorporeal rights, by notify- ing the debtor thereof, or he may proceed by summary rule in the courts to compel the delinquent to deliver up for sale prop- erty in his possession or under his control. Section 12. All real estate, exempt as well as taxable, shall ^ e- estat6 at cash be valued at actual cash value, listed on the assessment rolls and submitted to the Louisiana Tax Commission. Section 13. Nothing in this Constitution shall prohibit the m Zfm%y '& a S£. Legislature from conferring upon municipalities and other sub- c^^^^L l0 " divisions the authority to levy and collect local or special assess- ments on real property, for the purpose of constructing, paving, surfacing or otherwise improving roads, streets, sidewalks, alleys, sewers, or other similar works of public improvement, in pursuance of methods and regulations prescribed by the Legislature. Section 14. All provisions of this Constitution regulating ^t^Tioci&L the collection of State taxes and tax sales shall apply to parish, district, municipal, board and ward taxes. Section 15. For the purpose of assessment and taxation, the survey and maps. Legislature may provide a survey and maps of all real property Article X. 00 Sections 15-21. ' in the subdivisions of the State, and may provide that parishes and municipalities shall pay a portion of the cost, not to exceed sixty per cent thereof. Rolling stock Section 16. Rolling stock operated in this State, the owner* owned out of state. ^ ^.^ ^ ^ domidle therein> sball be assessed by the Louisiana Tax Commission, and shall be taxed for State pur- poses only, at a rate not to exceed forty mills on the dollar of assessed value. No local license Section 17. Parishes and municipalities are prohibited from tax on certain vehi- . . . -. . . cies. levying a license tax upon any vehicle on which a license tax for State highways shall be imposed. No process to Section 18. The Legislature shall provide against the issu- restrain collection . . . „ of taxes. ance of process to restrain the collection or any tax and icr a complete and adequate remedy for the prompt recovery by every taxpayer of any illegal tax paid by him. of L taxes oriTomes 1 Section 19. The governing authorities of any municipality having over forty thousand inhabitants may exempt from mu- nicipal taxes until December 31st, 1925, four thousand dollars of the value of all dwelling houses built after the adoption of this Constitution and actually occupied by the owner. Forfeitures and Section 20. Whenever any immovable property shall have adjudications ^ * r * fo n r n non d plyment a of been f° riei ted or adjudicated to the State for the non-payment taxes before Jan. i, f taxes entiB- Legislature into a contiguous parish or parishes, two-thirds of the electors of the parish proposed to be dissolved voting in favor thereof at an election held for that purpose ; provided, that the parish or parishes into which the dissolved parish proposed to become incorporated consent thereto by a majority of its electors voting therefor. Section 5. Whenever a parish shall be enlarged or created f rom pr^^'Staa^ territory contiguous thereto, it shall be entitled to a just propor- larged e VSLTis £ T tion of the property and assets, and be liable for a just proportion of the existing debts or liabilities of the parish or parishes from which such territory shall have been taken. towns. Article XIV. 10 ° Sections 6-11. Parishes and ran- Section 6. Parishes and municipalities shall have the right to Se C a P toacq S uir^p?o p r : {m pr0 pe rt y, either by purchase, donation or expropriation, S&S." navisatlon for navigation canals; and for the payment thereof shall have the right to issue bonds, or certificates of indebtedness, in the same manner and subject to the same limitations provided in Section 14 of this article. with drawai of Section 7. Whenever the legislative charter of any city or town, ?a X y ing r . jurisdiction other than the city of Monroe, shall have withdrawn the same, ^parochial author- ^ ^ ^ ^ ^ ^ ^^ ^ ^.^ -^g^^ flf the par0 ehial authority, no provision of this Constitution shall be construed to affect or repeal such partial or total withdrawal. Limit of taxation Section 8. No parish, parish of Orleans excepted, shall levy for p°oLs P 1n OC Sties P a U na parochial purposes, on property located wholly within incor- porated cities and towns of the State, having a population in ex- cess of one thousand (1000) inhabitants, according to the last census, which provide and maintain systems of street paving, any general parochial tax in excess of one-half the levy for gen- eral parochial purposes ; provided, that this section shall not ap- ply in a parish which had a general unbonded indebtedness on January 1st, 1921, until said debt has been paid or funded into bonds. Section 9. There shall be a tax assessor elected by the qualified election, term, flu- . ties and compensa- electors of each parish m the State, parish of Orleans excepted. tion of. x ' . His term of office shall be four (4) years and the Legislature shall define his duties, fix his compensation, and provide for his election, consolidation of Section 10. Two or more municipalities may consolidate in two or more munic- r J ipaiities. such manner as the Legislature may provide, and the governing authority is authorized to levy on the property in each former municipality any special taxes for the term and at the rate pre- viously authorized therein to provide for the payment, exchange, or rciund of any outstanding bonds already issued by each former municipality. tax L fOT aiiliurpoyS Section 11. No parish tax, the parish of Orleans excepted, for authoriz P d rlsh £airs a11 purposes whatsoever, shall exceed in any one year four mills on the dollar of assessed valuation. This limitation shall not apply to nor include any other tax levy elsewhere provided in this Constitution. The Legislature may authorize parishes and municipal corporations to levy an additional tax, not to exceed Tax a s s e s s or election, term, du 101 Article XIV. Sections 12-14. one mill, to run for not more than ten years, on all taxable property of said subdivision for the purchase and improvement of grounds and for premium awards for municipal, district and parish fairs. Section 12. Except as otherwise provided in this Constitution, Limit of munici- no municipal tax, for all purposes whatsoever, shall exceed, in Eoses? x f ° r a " pur " any one year, seven mills on the dollar of assessed valuation; provided, that where any municipality is, by its charter or by law, exempt from payment of parish taxes or, under legislative au- thority, maintains its own public schools, it may levy an annual tax not to exceed ten mills on the dollar- of assessed variation. This section shall not apply to the City of New Orleans. Section 13. Act No. 110 of 1916, ratified by election and made Ratification of Act . p ( i io or .1 ..* i .. u . part of Uc Constitution of 1913, is hereby approved, ratified and re-affirmed, and all rights vested in the present or future holders of the bonds issued thereunder are recognized and confirmed. Section 14. (a) Municipal corporations, parishes and school, st f" e b aSho°ifed by road, sub-road, sewerage, drainage and sub-drainage districts, ^^^p^ 3 ^* hereinafter referred to as subdivisions of the State; may incur- and lssue bonds- debt and issue negotiable bonds, when authorized by vote of a majority, in number and amount, of the property taxpayers qualified to vote under the Constitution and laws of this State, who vote at an election held for that purpose after notice pub- lished or posted for thirty (30) days in such manner as the Legislature may prescribe, and the governing authorities of such subdivisions shall impose and collect annually, in excess of all other taxes, a tax sufficient to pay the interest annually or semi- annually and the principal falling due each year, or such amount as may be required for any sinking fund necessary to retire said bonds at maturity. (b) Except as otherwise herein expressly provided, no h •> " . tricts. f or building sites and playgrounds, and for purchasing, erecting, enlarging or improving school buildings and teachers' homes, and acquiring the necessary equipment and furnishings therefor; provided, municipalities may, in the same manner as herein Municipal im- provide. i, when authorized by an act of the Legislature, incur frontlnl^n^a^ilt- debts und issue negotiable bonds for the purpose of reclaiming, preserving or improving lands owned by the municipality and fronting on a navigable stream, and may 1 dedicate the revenues from or proceeds of sale of such lands to the payment of the principal and interest of the bonds so issued, creation of roaa ( c ) The Legislature may by general law authorize the police districts, sub - road " " ■" districts, and sewer- juries to create road districts and sub-road districts, composed of age districts with " ' power to issue territory either wholly within a parish or partly within two or more parishes, but no road district shall be created comprising the whole territory of a parish; and may by general law authorize municipal corporations to create sewerage districts, whose ter- ritory may be less than the territory of the municipality; and may, by general law and within the limitations and conditions herein contained, authorize road districts and sub-road districts, so created, through the police jury or juries of the parish or parishes, as the governing authority thereof, to incur debt and issue negotiable bonds for the purpose of opening, constructing, improving and maintaining public roads, highways, and bridges in such districts, and sewerage districts, through the governing body of such municipal corporation, to incur debt and issue negotiable bonds to construct sewers and sewerage disposal works for such districts. ag? e to°ricV f s dn and W The Legislature may also by general law authorize the Sets d wTth a power to P olice juries of the respective parishes to create gravity drainacf 1 issue bonds. and su b-drainage districts composed of territory either wholly within a parish, or partly within two or more parishes, and may by general law authorize such drainage districts, and sub-drain- 103 s Article XIV. Section 14. age districts, through the governing body thereof, to incur debt and issue negotiable bonds to construct gravity drainage works. (e) The police juries of the various parishes throughout the For certain pur- State, for the purpose of constructing and maintaining highways SSSuSTKS^S or public buildings for the parish, and the governing authorities may f£ata£to£S of municipal corporations, for the purpose of paving, improving than' tin yea'rsTes- or maintaining streets or alleys and for all municipal improve- tS. e ° f authorizea ments. including public parks, after making provision for the payment of all statutory and ordinary charges, may fund into bonds running for a period not to exceed ten years, and bearing interest at a rate not to exceed six per centum per annum, which bonds shall not be sold for less than par, the avails or residue of the tax authorized by this Constitution. (f ) No debt shall be incurred and bonds issued therefor by any Limit to bonded subdivision hereunder for any one of the purposes herein pro- red^lny s B ubaM- vided, which, including the existing bonded debt of such sub- 8 ' " ° f the State ' division for such purpose, excepting bonds issued and secured by an acreage tax, and bonds issued under Section 14 (e) hereof, shall exceed in the aggregate ten per centum of the assessed valuation of the taxable property of such subdivision, to be ascertained by the last assessment for parish, municipal or local purposes previous to incurring such indebtedness. Nothing herein contained shall be construed as prohibiting the Acreage tax in Legislature from authorizing gravity drainage and sub-drainage d r a inage districts ,. . n „ ., authorized. districts lo impose and collect an acreage tax, or forced contribu- tion, not exceeding fifty cents (50c) per acre per year for a period not exceeding forty (40) years, and, when authorized as provided in Section 14 (a) hereof, the governing authority may incur debt and issue negotiable bonds therefor, in accordance with the provisions of Section 14 (h) hereof, secured hy the said forced contribution tax ; provided, that the total amount of debt incurred or bonds issued shall not exceed, in principal and inter- est, the aggregate amount to be raised by said forced contribution or acreage taxes during the period for which the same is levied. (g) For the purpose of readjusting, refunding, extending and st ^ e a f ™ ain s o^out- unifying the whole or any part of its outstanding indebtedness, ^f sio ^ y any sub - including bonds supported by special taxes, bonds issued under Section 4 of Article 281 of the Constitution of 1913, and any general indebtedness existing January 1, 1921, any subdivision may, when authorized by vote of a majority, in number and Article XIV. 104 Section 14. amount, of the qualified property taxpayers thereof voting at an Refunding of out- election held for the purpose in the manner herein prescribed, ri t eaa sub- issue refunding bonds not exceeding in amount the bonds re- division - funded, or indebtedness due, and secure payment thereof by pledging not more than two mills of its general alimony tax or by the levying of special taxes as provided in Section 14. (a) hereof. =ubdivilions Sue erioS (k) No bonds issued by any subdivision hereunder shall run mult'be'so^d ^rnoi^ 01 " a l° n S er period than forty (40) years from the date thereof, &lnning a of P redem e - or ^ ear a g rea ter ra -te of interest than six per centum per annum tion - payable annually or semi-annually, or be sold for less than par. Such bonds shall become due and payable in annual installments beginning not more than three years after the date of issuance, enforceable "fn^the ^ Should any subdivision neglect or fail for any reason to courts - impose or collect sufficient taxes for the payment of the principal and interest of any bonded debt hereafter to be incurred under this Constitution, -any person in interest shall have a cause of action enforceable in any court having jurisdiction of the subject matter to enforce the imposition and collection of such taxes. authorfze tu ste.te a or (J) Tne Legislature may authorize the taxing officers of the oers S to coHecf taxes State to impose and collect taxes required for the payment of the interest 1 on P bona and principal or interest of any bonded debt of any parish, municipal corporation, road, sub-road, drainage, sub-drainage, or school dis- trict, and may authorize the taxing officers of the "parish to im- pose and collect taxes required for the payment of the principal and interest of any bonded debt of any school district, road, sub- road, sewerage or drainage, or sub-drainage district in such par- ish in the event of any default in the imposition or collection thereof. asS™ lew o h f wad (k) The Legislature may by general law authorize any parish a»SwM™wi a t!! t0 assume the debt of a road district or drainage district, wholly m such parish. withnl such parishj whfm gQ authorized hy & yote Qf & mE j mitj in number and amount, of the qualified property taxpayers of such parish, who vote at an election held in the manner herein provided. Any proceedings for said purpose, including any elec- tion heretofore held, are hereby validated and confirmed, and may be completed in conformity with any law to be passed by the Legislature. (1) Whenever any subdivision of the State heretofore author- ized to incur debt and issue negotiable bonds therefor has, by a 105 Article XIV. Section 14. majority vote, in number and amount, of its qualified property taxpayers, authorized its governing authority to incur debt and conditions under issue negotiable bonds, but said bonds have not been sold, the E*J.° may "be iz £ governing authority thereof may issue and sell said bonds, with- sued ana sold - out necessity of an election therefor, under any of the following conditions : (1) The bonds so authorized may be issued in accordance with the terms and conditions set forth in the proposition submitted at said election ; but if it be desired to sell said bonds under par and for not less than ninety cents on the dollar and accrued interest, the governing authority of any subdivision may do so, provided the intention to do so be advertised for a period of thirty (30) days as now or hereafter provided by law. (2) The governing authority of such subdivision may author- ize the issuance of said bonds according to the terms and condi- tions set forth and contained in the proposition or propositions submitted at said election, except that the' said bonds shall bear a rate of interest not exceeding six per cent, payable semi-annually, after sixty (60) days published notice of such intention, in a weekly newspaper in the parish in which the bonds are to be sold, and if there is no newspaper published in the parish, by posting in three public places therein. (3) If a petition of remonstrance, signed by ten per centum of the qualified property taxpayers of the subdivision, be filed with the governing authority thereof within said above designated periods, no bonds shall be issued thereunder until authorized by a vote of a majority, in number and amount, of the qualified property tax-payers voting at an election thereafter to be held. (m) For the purpose of constructing, acquiring, extending or m ^" s "ue Dond'sfcH- improving any revenue-producing public utility, the Legislature ££J£ e ^ n ? r re ™I may authorize municipal corporations to issue bonds secured ex- ^ e u g'? t y" cing pub " clusively, principal and interest, by mortgage on the lands, build- ings, machinery and equipment and by pledge of the income and revenues of such public utility. Such bonds shall not be a charge upon the other income and revenues of the municipality and shall not be included in computing the indebtedness of the municipality for the purpose of any limitation herein. (n) For a period of sixty (60) days from the date of promul- gation of the result of any election held under the provisions of Article XIV, ,106 Sections. t4-19. this section, any person in interest shall have, the. right to contest the legality of ;sueh election, the bond, issue provided for, or the tax authorized, for any cause ; after which time no one shall have any cause or right of action to contest the regularity, formality, Legality of eiec-or legality of said election, tax provision, .or, bond authorization, 8ue : m?st or b b e 0n ?on-"for any cause whatsoever. If the validity of any election, special atyfoftateV££tax or bond issue authorized or provided for, held under the pro- testeblfitoeifter 1 !' visions of this section, is not raised within" the sixty (60) days herein prescribed, the authority to issue the bonds, the legality thereof and of the taxes necessary to pay the same shall be con- clusively presumed, and no court shall have authority to inquire into such matters. The provisions of this section shall not apply to the City of New Orleans. iimnta'ipantie'af' '" Section 15. The Legislature shall provide for civil service in municipalities having a population of one hundred thousand (100,000) or more, and for the recognition and adoption of the merit system in the employment or appointment of all applicants ; and shall provide against the discharge of -employees' or appoin- tees without good and sufficient cause, servitudes by pre- Section 16. The public, represented by the various parishes, may acquire servitudes of way by prescription in the manner prescribed by law. imbursed e for°crim e " Section 17. In parishes in which are located penal institutions penannatiSitions^ °^ *' ie State of Louisiana, the expenses incurred by the parish cated therein. arising from crimes committed in such institutions or by the in- mates or employees thereof shall be reimbursed by the State. torie U s nicipa ' ice fa0 " Section 18. All municipalities are empowered to own and operate ice factories within their respective limits, whenever authorized by a majority, in number and amount, of the property taxpayers qualified to vote under the law, who vote thereon at an election held for that purpose. The Legislature shall pass the necessary laws to carry this sec- tion into effect. or^unleipai aTdto Section 19. The Legislature shall have the power to en- tranlportatira hnes^ aet g ener al laws authorizing the parochial, ward, and municipal rrfo^iigM^'power authorities of the State by a vote of the majority of the property taxpayers in number entitled to vote under the provisions of this Constitution, and in value, to levy special taxes in aid of rail- way enterprises, water transportation lines, waterworks or elec- tric light or power plants ; provided, that such tax shall hot exceed ; 19 7 Article XIV, Sections .'19-23." * the. rate of fiye mills per annum, nor extend, for a longer,, period than .ten years;, and provided further, that no. taxpayer shall be 1 ' permitted to vote at such election unless He shall have' been' as- sessed . for ^property the year' previous in tne parish, ward or municipality to be affected'. <• Section 20. There shall be seven assessors in the City of . New or f X? the ^rfsh ■Orleans,: who; together shall compose the Board of -Assessors for ^Orleans. 9 ,the Parish of -Orleans, One shall be elected from each municipal -district i)f: the: City of New Orleans, and they shall be residents Kxf the districts from which they are elected. • Their terms, shall be .four years and they shall be elected at the same time as the municipal officers of the City of New Orleans. , Section 21. There shall be one State tax collector for the City' ^ax collector for of New Orleans, who shall be elected for the term of four years and 1 The City of New Orleans by and through the said commission' shall have the power to make contracts, acquire lands, leases and other forms of property necessary for the operation of a railroad' system, either by purchase, expropriation, or otherwise, and shall have the right to operate within or without the parish of Orleans. , The. provisions of Act 179 of 1908. are hereby ratified,' ap- proved and reaffirmed, , including, the right to issue any„bohds thereunder authorized and not yet issued. "- 1, Ill Article XIV. Sections 27-28. ' Section .27. TheCity of New Orleans may issue, upon the city of New or- recommendation' of the Public Belt Railroad Commission, bonds issu! *eriai r Z bonda to.be known as New Orleans Public Belt Railroad Bonds', in a sum °" fum™ Beit Ra°™ not to exceed five million dollars ($5,000,000) to be used ex-ioT%or>stT wUonfae- t • 1 r. .i_ -, , , . »■»>/! «■ velopment, exten- clusively tor the development, extension, additions, betterments ^°£ ^na better- ahd construction of the Public Belt Railroad System. All of said Railroad. u bonds shall run not more than forty years from date of issue and shall be issued in serial form, payable in annual installments com- mencing not more than fifteen years from date of issue,^ the amount payable each year for principal to be as nearly equal as practicable. , They shall be exempt from all taxation, and, subject to the rights of the holders of bonds authorized by Act 179 of 1908, shall have all the advantages of the bonds issued under said Act. These bonds shall be issued in such .form, at such rates of in- terest, not exceeding six per cent, and dates of maturity, as recom- mended by the Public Belt Railroad Commission, and shall be paid out of the net revenue ;of the Public Belt Railroad; and in case of any deficiency in these revenues to pay either principal or interest in any year, then the said City of New Orleans shall levy a tax to make up such deficiency. These bonds shall not issue unless authorized by a vote of a majority of the qualified electors of the City of New Orleans voting thereon at an election held for that purpose at the Con- , gressional election in November, 1922, after due notice of said election has been published' for thirty days in the official journal of said city. - Section 28. The City of ' New Orleans' acting through the , city of New or- j ; o a leans empowered Public Belt Railroad Commission, shall have the exclusive power through Public B ? it ■■ - - . ' . Railroad Commis- to acquire, construct, maintain and operate across the Mississippi sj°n. p t° bridge Mia^ River at or near New Orleans a bridge for railroad, railway and erafe railroad fa?u- highway uses, together with all approaches, railroad, railway , ltle »- and highway connections and appurtenances; and shall also have the power to acquire, construct,' maintain and operate rail- roads, terminals, depots, watereraft and other railroad facilities, '; '• . - and to acquire same either by purchase or lease, by expropria- tion, or otherwise, together With such property, ownership, use or possession of lands and other things necessary for such con- struction, maintenance" or Operation ; to lay out, '■ open, • close; or Article XIV. 112 Section 28. change any roadway, non-navigable stream or drain over which the approaches of such bridge or any other part of the Public Belt Railroad system of the city of New Orleans shall extend. The powers herein granted may be exercised in the parish of Orleans or in other parishes. All property so acquired shall be under the exclusive control and management of the Public Belt Railroad Commission. fo?purposes th here1n ^ e ^ ty °^ ^ ew Orleans is hereby granted power, for the enumerated. purposes herein enumerated, to issue its obligations, not to exceed fifteen million ($15,000,000) dollars, in such forms, numbers and amounts, at such times and prices and upon such terms and conditions as to maturities, rates, and payment of interest, and final redemption, as the City of New Orleans may deem advisable, subject to the following limitations : ea S oM r gaHons bona " ( a ) A11 mch obligations shall be secured solely and only by liens and mortgages upon and against such bridge and appurte- nances, railroads, terminals, depots and other facilities, and lands and other things necessary thereto, acquired with such funds, and by a lien and pledge upon the net revenues derived from the operation thereof, and shall be paid therefrom and not by any tax or assessment or- levy upon any taxable property in the city of New Orleans, nor out of any other funds, revenues or things of value of said city, terett^ndV/emp 1 -' (b) Dur ing th e period of construction of such bridge and pe riod Cl of n eons U t r u I c? a PP urtenances ' while the revenues from the operation thereof appurtenance? and sha11 not be sufficient to provide for the interest on, and for the redemption of, any and all of the obligations hereinabove author- ized to be issued, same may be paid, subject to the rights of the holders of bonds authorized by Act 179 of 1908 and by Section 27 of this article, from the net revenues of the Public Belt Railroad system to such extent as may be required, but not ex- ceeding a period of seven years ; but provided, that said payments may be made out of the proceeds from the sale of any bonds authorized under this section. brwgeVnVrefatel Any brid § e or other property constructed or acquired here- P.o P6 rty. under shall be exempt from every form of taxation, and shall in no manner be hypothecated, leased, or alienated; provided, that lands acquired, which by a three-fourths vote of all the members of said commission are declared not necessary for the- 113 Article XIV. Sections 28-30. construction of said bridge and appurtenances, and not in use in the operation thereof, may be leased or sold to provide for the payment of the purchase price .thereof, or to further the acquiring of other property for the Public Belt Eailroad system. The Public Belt Railroad Commission shall have the exclusive Powers of Public . i, , , , .. , , ,, Belt Railroad Com- nght to transport, switch, handle or convey, for any railroad, mission ' -trains over such bridge and over the main lines of the Public Belt Railroad, to the depot or yard of said railroad or to any passenger depot or terminal of the Public Belt Railroad system. Said com- mission shall not grant switching or other privileges to any rail- road over the Public Belt Railroad system. The work herein authorized shall be begun not later than July 1, 1925, and said bridge shall be constructed within five years thereafter. The provisions hereof shall constitute a contract between the holders of any obligations issued hereunder and the City of New Orleans. Section 29. All municipalities are authorized to zone their tho^ed^to^on^ territory ; to create residential, commercial and industrial dis- their territor y- tricts, and to prohibit the establishment of places of business in residential districts. Section 30. Riparian owners of property on navigable rivers, rip ^fan V owrSra of lakes or streams within the limits of the port of New Orleans j^f^Va m^and or within a municipality having a population in excess of five munfcSaMi m fts" thousand (5,000) inhabitants, shall have the right to erect and s^improvemeX"" maintain on the batture or banks owned by them, such wharves, buildings or improvements, as may be required for the purposes of commerce, navigation or other public purposes; provided, however, that where such owners have first obtained the consent of the governing authority of the port of New Orleans, or of the municipality as the case may be, to erect such wharves, buildings, or improvements, and same are erected in conformity to plans and specifications that have been approved by such governing authorities, such owners shall be entitled to claim just com- pensation for, and the said governing authorities may expropri- ate, said wharves, buildings or improvements whenever said im- provements or the riparian front shall be required for public purposes, but where such consent and approval is not obtained no compensation shall be allowed. In all cases such wharves, Article XV. 114 Sections 1-2. buildings or improvements shall remain subject to the adminis- tration and control of the governing authorities with respect to their maintenance and to the fees and charges to be exacted for their use by the public. Nothing herein shall deprive the levee boards of their authority with respect to levees in their respective districts or their right to appropriate, without com- pensation, such wharves, buildings or improvements. ARTICLE XV. DRAINAGE DISTRICTS. iaSation g of a mar e a h, Section 1. The Legislature of the State of Louisiana may nowea P lands. over -' enact necessary legislation for the purpose of causing to be drained and reclaimed the undrained marsh, swamp and over- flowed lands in the State, and for such purpose it is authorized to delegate the power to such agent, or agencies, as may now exist, or which may be subsequently created ; to organize drain- age or sub-drainage districts; to impose taxes and forced con- tributions on land benefitted by such drainage; provided, that neither the State nor its subdivisions shall ever be liable for any such taxes or forced contributions ; and to issue bonds, for which the credit of the State shall never be pledged, when their pay- ment in principal and interest is based upon such tax or forced contributions; and also to cooperate with the federal govern- ment through the agent, or agencies, thus created, or directly in any such drainage and reclamation projects, with the view of causing settlement and cultivation of such lands. iJni'iawT 60 * 6 *" Section 2 - All constitutional provisions, or laws, now in force, relative to the creation of drainage districts, shall remain in force until the- Legislature shall have passed legislation to carry into effect the provisions of this Constitution. Article XVI - ARTICLE XVI. LEVEES. stl^ T£ e fofma£: Secticm L A leve e system, as now organized, or as hereafter ereated > sha11 be maintained and an annual tax not to exceed one half mill on the dollar may be levied on all taxable property throughout the State, to be applied exclusively to the maintenance and repair of levees. Section 2. For the purpose of constructing and maintaining • levees, levee drainage, and for all other purposes incidental there- ~w~. _~ fcMUfc J.XJL llf . tenance thereof. 115 Article XVI. Sections 2-6. to, the governing authority of each district may levy annually Permissible ta*^ a tax not to exceed five mills on the dollar on all taxable property ^coSs^ction^ni situated within the alluvial portions of said districts subject to f e alntenartoe ° f leVJ overflow, and should the necessity arise to raise additional funds for such purposes, the said tax may be increased when the rate of such increase and the necessity therefor shall have been sub- mitted to and voted for at an election called for that purpose by a majority in number and value of the property tax-payers of said district qualified to vote and voting at such election. Section 3. The Legislature may authorize the funding of said. Fusing ? f levee , " = taxes and other rev- taxes or other revenues into bonds, or other evidences of in- enues ' debtedness, the proceeds thereof to be used for the purposes men- tioned in this Article ; or for the funding or payment of any out- standing indebtedness. Bonds issued under the authority of the foregoing provisions, shall bear not more than six per centum per annum interest ; and shall be sold at not less than- par and accrued interest. Section 4. The Legislature, with the concurrence of an ad- pa £ t f/,° ^aajota? joining State, may create levee districts composed of territory lns state - partly in each State, and may authorize the construction and maintenance of levees wholly within another State. Section 5. All governing authorities of districts which have^^g 3 ^,^ been, or may be created, are authorized to co-operate with tlie |ton le a e n a e< maiSte" Federal Government in the construction and maintenance of the nanoe- levees in this State, on such terms and conditions as may be provided by the Federal authorities and accepted by the State authorities. Section 6. Lands and improvements thereon hereafter actual- propStyTs^od *m ly used or destroyed for levees or levee drainage purposes shall p*^™^ f ?I x Itu?n be paid for at a price not to exceed the assessed value for the *° r n 3U0h ' 00mpen3a - preceding year; provided, this shall not apply to batture, nor to property control of which is vested in the State or any subdivision thereof for the purpose of commerce. If the district has no other funds or resources out of which such payment can be made, it, may levy, on all taxable property situated therein, a tax sufficient to pay for said property so taken, not to exceed one-fourth of one mill on the dollar, to be used soiely in the district where collected. This shall not prevent the appropriation of said property before payment. Article XVII. 116 Sections 1-2. Board of Levee Section 7 (a) The Board of Levee Commissioners of the Or- eo m missioners o£ v ... . Orleans Levee Wis- ipans Levee District is hereby empowered to construct and main- triet empowered to ica -"° v , , • , i_ r. j a r l construct and main- . • i evees , an( j embankments along, over and in the bed oi Liaise tain levees on Lake """- 1 ^ "-"~" " "• "' _ pontchartrain and p on t c hartrain at such distance from the present shore line as the €J SC vV ilCJ/C' said Board may determine, not to exceed twenty-five hundred (2500) feet from the present shore line, and along and on the shores adjacent thereto, and along the canals connecting there- with, and in such other places in the parish of Orleans and the adjacent parishes as the board may determine, said levees and embankments to be of such height, width, slope, design and character of material as said board may determine, and to protect said levees and embankments with such pilings, revetments, or walls, as it may deem proper. boa I *d a for Ixeraile ( b ) To enable said board to perform said work and for the of powers. purpose thereof, the board is hereby given a right of way over and use of all public lands, including such portions of the water bottom of said lake as it may deem necessary. It is also given the right to acquire by donation, purchase, expropriation or appro- priation, all private lands or other property in such territory in the parish of Orleans and adjoining parishes as the said board now has authority and jurisdiction over under this section, and under existing laws, and which the said board may deem necessary or expedient for any of the purposes of said board, and to pay therefor in the same manner as the said board now pays for property taken by it on the Mississippi river front in the parish of Orleans. ARTICLE XVII. MILITIA. ernm"nt a "7rgaiS- Section 1- A well regulated militia shall be maintained, and tion and discipline t he Legislature shall provide for its organization, equipment and discipline, which shall conform as nearly as practicable to the organization, equipment, and discipline of the Regular Army and Navy of the United States. mal d V e e Mn-chPef 0m " Section 2. The Governor shall be the Commander-in-Chief of and shall have the power to call the militia into active service for the preservation of law and order, to repel invasion and to suppress insurrection. 117 Article XVIII. Sections 1-4. Section 3. An Adjutant General shall be appointed by the Adjutant General. Governor by and with the advice and consent of the Senate, and shall discharge his duties at the capital. Section 4. The military records, banners and relics of the m jf lt r a ? s ^"o"^ State shall be preserved as an enduring memorial of the pa- bai ners and rtl!cs -' triotism and valor of the people of Louisiana, and the Legislature shall provide for the safekeeping of the same. ARTICLE XVIII. PENSIONS. Section 1. The Soldiers' Home of the State of Louisiana, soldiers' Home, known as Camp Nicholls, shall be maintained, and the Legisla- ture shall provide therefor and for the care of its inmates. Section 2. Pensions not exceeding thirty dollars ($30.00) per fea p e e r at 1 e ve?er'aS n " month shall be paid to persons possessing the following qualifica- tions : (a) Confederate Veterans who have been residents of this State for five years, and who served from the date of their enlist- ment until the close of the late Civil "War, or until honorably dis- charged, and whose income is less than one thousand ($1,000.00) dollars per annum. (b) Widows of such veterans whose marriages were contracted ow^of' confederate prior to December 31, 1900, and whose husbands were bona fide Veterans - residents of the State of Louisiana at the time of their death, and whose income is less than one thousand ($1,000.00) dollars per annum. Such pensions shall cease upon remarriage. Pensions, once obtained, shall not be forfeited by forced ab- sence from the State. Section 3. A tax of three-fourths of a mill on the dollar, or so pe ^ ng levied for much thereof as may be necessary, shall be levied for pensions upon all taxable property and shall be assessed and collected with- out charge. Any surplus arising from said tax shall be paid into the State treasury. Section 4. The Legislature shall appropriate not less than c . Memory ha,ii.f or fifteen hundred dollars per annum for the maintenance of a %£^**™g£ memorial hall or repository for the collection and preservation of soldiers, relics and mementoes of the Civil War, and is also authorized to make adequate appropriations for procuring the necessary sites, and for the erection of markers and monuments thereon, on the battlefields of the country, commemorative of the services and valor upon such fields of Louisiana soldiers and commands. scribed, Article XIX. pft Sections 1-8. Mothers- pensions. Section 5. A mothers ' pension shall be maintained in the. State. Its provisions shall be determined by the Legislature. . ARTICLE XIX. - ' ' ' - ' : '■-''■ GENERAL - PROVISIONS. oath of office pre-- Section l. ; Airofficers before entering upon the duties of their respective offices, except as otherwise provided in this Constitu- tion, shall take the following oath or affirmation : "I, (A. B.) do solemnly swear (or affirm) that I will support the Constitution and laws of the United States and the Constitu- tion and laws of this State; and that I will faithfully and impar- tially discharge and perform all the duties incumbent upon me as , according to the best of my ability ' and understanding. So help me God." seat of govern- Section 2. The seat of government shall be at the City of ment Baton Rouge. Definition of trea- Section 3. Treason against the State shall consist only in levy- son; evidence nee- ° ...... essary for convic- j n g war a g a i n st it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court. No state office Section 4. No member of Congress, nor person holding or exer- open to officials of . . „ , , _ . , „ -, the u. a, or any cismg any office of trust or profit under the United States, or other state or any „ -, „ . ,„■,-,..,, foreign country; a ny State, or under any foreign power shall be eligible as a mem- dual office holding. ,„'_., , , . ™. ber of the Legislature, or hold or exercise any office of trust or profit under the State ; nor shall any person hold or exercise, at the same time, more than one office of profit except that of Justice of the Peace or Notary Public. Provided, this section shall not apply to Officers in the Reserve of the United States Army, Navy, Marines, and National Guard. laws" s P e " s ion ° f Section 5 - No power of suspending laws of this State shall be exercised unless by the Legislature, or by its authority. duties Ce tui P succes™ Section 6. All officers, State, municipal and parochial, except Sto office. induotea in case of impeachment or suspension, shall continue to discharge the' duties of their offices until their successors shall have been inducted into office, diers, saiiora orma- Section 7. No soldier, sailor or marine shall, in time of peace, be quartered in any house without the consent of the owner. Gambling. Section 8. Gambling is a vice and the Legislature shall pass laws tp suppress it. ,119 Article XIX, Sections 8-12. < .^^ling in futures on agricultural products or articles of Gambling in fu- necessity, where the intention of the parties is not to make an*"™ 3 ' honest and bona fide delivery, is declared to be against public policy ; and the Legislature shall pass laws to suppress it. ' Lotteries and the sale of lottery tickets are prohibited in this Lotteries. State. , Section 9. In all proceedings or indictments for libel, the ,„, p 1 roo T eedl " e 2 for . . i UDel. Jury judges or truth thereof may be given in evidence. The iury in all criminal law ft?<* facts ln a11 T -i -,■,-, . **«/ criminal cases, cases shall be the judges of the law and of the facts on the ques- tion of guilt or innocence, having been charged as to the law ap- plicable to the ease by the presiding judge. Section 10. No officer whose salary is fixed by this Constitu- , t Fees f °L P er0 - ul - tion shall be allowed any fees or perquisites of office, except as otherwise provided for by this Constitution. Section 11. No person who, at any time, may have been a col- Persons entrusted ' J with collection or lector oi taxes, whether State, parish, or municipal, or who may custody of p u b l i c . r i i money ineligible to have been otherwise entrusted with public money, shall be eligible public office before discharge ; suspen- to the Legislature, or to any office of honor, profit, or trust, under s ? an o£ suoh offl - the State government, or any parish, or municipality thereof, un- til he shall have obtained a discharge for the amount of such col- lections, and for all public money with which he may have been entrusted ; and the Legislature is empowered to enact laws provid- ing for the suspension of public officials charged with the collec- tion of public money, when such officials fail to account for same. Section 12. Any person who shall, directly or indirectly, offer Qf f^^ame^'for 1 or give any sum, or sums, of money, bribe, present, reward, promise, or any other thing to any officer, State, parochial, or municipal, or to any member or officer of the Legislature, with the intent to induce or influence such officer, or member of the Legislature, to appoint any person to office, to vote or exercise any power in him vested, or to perform any duty of him required, .and the officer, or member of the Legislature, so receiving or of- fering to receive any money, bribe, present, reward, promise, con- tract, obligation, or security, with the intent aforesaid, shall be guilty of bribery, and on conviction thereof by any court of com- petent jurisdiction, or by either House of the Legislature of which he may be a member or officer, shall be forever disqualified from holding any- office, State, parochial, or municipal, and shall be forever ineligible to a seat in the Legislature; provided, that this Article XIX. 120 Sections 12-15. shall not be so construed as to prevent the Legislature from enacting additional penalties. Testimony in brib- Section 13. Any person may be compelled to testify in any ery cases. . , , n i-j.ii lawful proceeding against any one who may be charged with hav- ing committed the offense of bribery and shall not be permitted to withhold his testimony upon the ground that it may incrimi- nate him or subject him to public infamy ; but such testimony shall not afterwards be used against him in any judicial proceed- ings, except for perjury in giving such testimony. combtaatioS tmS oi Section 14. It shall be unlawful for persons or corporations, Bbratat a of 'trade *&"- or their * egal re P reseI1 tatives, to combine or conspire together, l€gal - or to unite or pool their interests for the purpose of forcing up or down the price of any agricultural product or article of neces- sity, for speculative purposes; and all combinations, trusts, or conspiracies in restraint of trade or commerce, and all monop- olies or combinations to monopolize trade or commerce, are hereby prohibited in the State of Louisiana, and it shall be the duty of Duty to enforce ^ e Attorney General, of his own motion, or any District Attor- this provision. ney of the State! when SQ d i rected by the Governor or the At- torney General, to enforce this provision, by injunction or other legal proceedings, in the name of the State of Louisiana, and particularly by suits for the forfeiture of the charters of of- fending corporations, incorporated under the laws of the State of Louisiana, and for the ouster from the State of foreign corpora- tions. Provided, however, that nothing herein contained shall prevent the Legislature from providing additional remedies for the enforcement of this section. The provisions of this section are self -operative. of certata C ben r eflts Section 15. No member of the Legislature, or public officer, or prohibited! ° ° cers person elected or appointed to a public office under the laws of this State, shall directly or indirectly, ask, demand, accept, re- ceive, or consent to receive, for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege, or discrimination in passenger, telegraph or telephone rates, from any person or corporation, or make use of the same himself or in conjunction with another. Penalties for vio- ■ a „, n . . vmSS ° f this pro " y perS ° n ° V10lates anv provision of this section shall forfeit his office > at the suit of the Attorney General, or the Dis- trict Attorney, to be brought at the domicile of the defendant, 121 Article XIX. Sections 15-20. •and shall be subject to such further penalty as may be prescribed by law. Any corporation, or officer or agent thereof, who shall give Penalties for ( George ^gt h rtninnl (2)> r 4U ..... Member from Assumption. mber from Avoyelles. <^'jU^ (Sam H. Jon Member from Beauregard. (Frank E. Powell) Member from Beauregard. (O. G. Thomas) t/&2{ Member from Bienville. (W. H. Hodges) Member from Bossier. (W. C. Hughes) -^ 7 ./ Member from Bossier. (3) (Edith Brown Bailie) • Member from Caddo. (Thomas C. Barret) Member from Caddo. Md) / (Sidney L. Herold) / * Member from Caddo. frank J. Lponey) Member from Caddo. (R. G. Peasant) Memb e 'r'"fr "m""c'aado.' >n) ' ' " - son) Member from Caddo. 2-^^2 (Winston Overton) Member from Calcasieu. (George T. Martin) Member from Caldwel/ ember from Cameron. ^ JtS. ^ ^&^^«^J/ (M. M. Morelock) Member from Claiborne. (^/-i^lX^^r ^L^C^P 1 (Ernest O'Bannon) Member from Claiborne. (John Dale, Jr.) (5) Member from Concordia. (B. P. Lee) Member from De Soto. (H. T. Liverman) Member from De Soto. (Eugene Cazedessus £«**& (Charles A. Holcombe) (R. P. Walker) (6) Member from East Baton Rouge. Member from East Feliciana. (Rene L. DeRouen) (W. H. Thompson) ~^^r^'"ZT r Member from Franklin. (Paul G. Borron) Member from Iberville. Member from Jackson. (L. p. CailMuet) (W. E. Howell) (8) 'J&Jtet&rk Ms^D^kH yL ;^4l/^^ Member from LaSalle. (Phanor Breazeale) Member from Natchitoches &L tk&k (XAy^l (M. H. Carver) (9) Member from Natchitoches. v&gu/ (Biddle W. Allen) Member from Orleans. *\ &^fZ&&- (Philip Arras) ^^fh^QL^ MemBipr from Orleans. (Martin Behrman) iXiixCf^ nbeV MembeVfrom Orleans. Member from Orleans. (John H. Bowie) (10) Member from OfTeans. Gfc,, m. (Wm, H. Byrnes, Jr.) Member from Orleans. ( Charjgyf. Ulu"i~b" "mel ** ^^^^r^^^^^ Member from Orleans. (Thomas V. Craven) ^d^O/.d, Member from Orleans. (Wm. W. Cummlngs) Member from Orleans. Qj^fa^ (Richard A. Dowling) // (11) Member from Orleans. (Fred A. Earhart) Member from Orleans. 1.D, 3^ (Mrs. Ida Weis Friend) Member from Orleans. (Valentine-K. Irion) Member from Orleans. Member, from Orleans. (Charles D. O'l (HaroldVv. Moise) OAMdJ^^^L, Member from Orleans. (Ben C. Dawkins) (13) Member from Ouachita. (Allan Sholara) Member from Ouachita. -^ £ ^~^ R \Dk^i^i^. (Frank P. Stubbs) Member from Ouachita. (Albiii Provosty) Member from Polnte Coupee. Member from Rapides. John C. Blacltman) (14) A.&* Member from Rapides. (Thomas W. Nettles) Meriiber from Red River. (Duncan Buie) Member from Richland. (Silas D. Ponder) ^-Jr, ember from Sabine. /jS4. C^A ^Oliver S. Livaudais) (Robert T. Carter) (15) Member from St. Helena. , s^vlg^ Member from St. James. her from St. Jflbrf the Baptist. (Gilbert L. Dupre) I Member from St. Landry. ■■ Done and signed in open session of the Convention, this, the -twelfth day of the month of May, in the year 1921. ARTICLE XXIV. Article XXIV. Concerning' the Continuance of Cases. • Whereas, the people of this State have given a mandate ^1™°™^™ „- to this Convention to frame and adopt a Constitution; and, Whereas, a majority of the members of this Convention are actively engaged in the practice of law ; and, Whereas, at this particular time ana until the adjourn- ment of the Convention, it is imperatively necessary in the interest of the general welfare that all members be present at the Convention; and, i Whereas, under the recent decision of the Supreme Court, cases in which attorneys are interested may be tried, notwith- standing the resolution of this Convention; Now therefore be it ordained that: ' '• Section 1. All cases on the dockets of any of the courts of this State wherein any member or officer of this Convention is a party litigant, or an attorney of record, be and the same are hereby continued and the power of the courte, to hear, try and Article XXV. 130 determine same, is hereby suspended until after the adjourn- ment of this Convention; and any action taken in such cases shall be held by the courts, null, void, and of no effect, and the Supreme Court, without reference to the subject matter or the amount in dispute, shall issue writs of prohibition and such other remedial writs as may be necessary in the event judges of inferior courts refuse continuances, on the motion of the party praying for the continuance to obtain the relief herein provided ; that this ordinance shall go into effect at once, without submission or promulgation, and the secretary of this Convention is in- structed to send a certified copy hereof to the judges and the clerks of all the courts of record of this State. Provided, that nothing herein shall be construed as taking away the power of the courts in their discretion to issue conservatory writs. Done and signed in open session of the Convention, this, the 16th day of May, 1921. ARTICLE XXV. S e?s&£ T rt O L%&aiZ Extra0rdinar y 8ession of Legislature Convened oy Constitution. ture directed. Be j t ordained by the pe ople of the State of Louisiana in Con- stitutional Convention assembled: Section 1. The Legislature of the State of Louisiana is hereby directed to convene in extraordinary session at the seat of govern- ment on the first Tuesday in the month of September, 1921, at twelve o'clock, noon, for a period not exceeding seventy-five days, with full authority as if convened in regular session. If a vacancy shall, for any cause, occur in the Legislature, either less than thirty days before or during the said extraordi- nary session, it shall be filled as follows : In all parishes other than Orleans, any vacancy in the House of Representatives shall be filled by the police jury of the parish where the same occurs; any vacancy in the Senate, by the police jury, or juries, of the parish, or parishes, composing the senatorial district. Said police juries shall meet at the parish seat on a date to be designated by the Governor, cast their votes, tabulate and return the same under seal and certificate of the Clerk of the District Court to the Secretary of State. The Secretary of State shall make known the result as in case of other elections, within not more than ten days after the election. In the parish of Orleans, vacancies in either the House of 131 Article XXV. Representatives, or in the Senate, shall be filled by, vote of the se?sfon r of°LegS Commission Council of the City of New Orleans, ' which shall ture dlreoted - make returns thereof under certificate of the Clerk of the Civil District Court for the Parish of Orleans to the Secretary of State, who shall make known the result as above provided for elections by police juries. The person receiving a plurality of votes shall be declared elected, and shall serva during said extraordinary session, or until the office is filled as provided by the Constitution for other vacancies. Done and signed in open session of the Convention, this, the 13th day of June, 1921. ALPHABETICAL INDEX Page Sec. Absences in Courts of Appeal, judges ad hoc in case of. ... 45 26 Absentee voting, other than by mail, to be provided for... 77 22 Accusations, nature and cause of, accused to be informed of 3 10 Accused, rights of 2, 3 9-12 Act 110 of 1916, ratified.. 101 13 Acts, publication of 10 27 Address of Legislature, removal of officers by, except Governor or acting Governor 79 3 Adjourn, power of either house to, limitation on 9 20 Adjudications of immovable property to State for taxes due prior to Jan. 1, 1880, ineffective under certain circumstances . 88 20 Adjutant General 117 3 Administrative officers and Boards (Article VI) 22 1-24 Adoption, suits involving, within appellate jurisdiction of Supreme Court '. 40 10 Affidavits, prosecutions on 2 9 Agricultural and Mechanical College Fund, debt of State to, provided for 97 21 Agriculture and Immigration, Commissioner of 17 1 — clerical expenses 22 20 — department of •. 27 13 —election and term of Commissioner 21 18 — policy of State relating to 27 14 — salary of Commissioner 21 20 Agreements, unauthorized, for extra compensation to pub- lic officers, etc., void 13 s Aliens ineligible to citizenship of U. S. not to own lands. .122 21 Alimony, suits involving, within appellate jurisdiction of Supreme Court 40 10 Allocation of portion of severance tax on oil and gas to parishes where -collected; limitation 89 21 Amendment of any law • * J? Amendments, concurrence in 9 > 10 *° —to Constitution (Article XXI) 123,124 1, 2 — laws carrying into effect 124 Annulment of tax sale, judgment of, ineffective before re- imbursement to purchaser; exception .8b li —of" tax sales not to result because of payment of taxes on part, or exemption of part, of property sold, when taxes were due on part sold 8b, 87 11 —of tax sale, time limit for; exception 8b; 8/ 11 Appeal from judgment on incidental demand i* l PP -court of, for the parish of Orleans 59 ™ -from judgment on reconventional demand 35 ^1 — jurisdiction of ' ALPHABETICAL INDEX Page Sec. , Appeal, Courts of, appeals in on both law and facts 46 29 — absences in; judges ad hoc 45 2 e — appeals returnable to domicile of or to other places as courts may provide 45 24 — cases in, how tried ' 45 27 — congested dockets in, how relieved 46 30 — costs of appeal in 46 28 — district judges assignable to by Supreme Court. . . 41 12 — final disposition of cases in , may be at domiciles . 44, 45 24 — judge or judges of called in. by Supreme Court. ... 36 4, 5 — judgments of, reviewable by Supreme Court. .. .40, 41 11 — how composed 42 19 — may certify questions of law to Supreme Court. . . 45 25 — jurisdiction of 46 29 — may issue certain writs 35, 36 2 — notice of judgments in 45 24 — number necessary to render judgment in 45 26 — qualifications of judges of 42 19 — quorum of 42 19 — rules of practice in 45 27 — salaries of judges of 42 19 — salaries of judges of when sitting in Supreme Court 41 13 — sessions of _ 44 24 — shall appoint clerks 45, 46 28 — sheriffs and clerks to serve in 45, 46 28 —terms of judges of W 42, 43 19 Appeals to Courts of Appeal, to what places returnable. . . 45 24 — from sentences by mayors, recorders or municipal courts lie to district courts 49 36 Appellate jurisdiction of district courts 49 36 — of Supreme Court 39, 40 10 Apportionment of representatives 6 5 — of senators 4, 5, 6 4 — when changed 6,7 6 Appropriation bill, general 15 9 — bills, separate 15 9 — requirements 15 iq Appropriations prohibited during last five days of legisla- tive session 15 jj — specific required for treasury payments 12 1 Arbitration laws to be passed by Legislature 12 36 Arms, right to keep and bear 2 8 Arrest, electors privileged from, during attendance on elections ; exception 73 g Assemble, right of people to 1 5 Assessment, no increase of on land, because of gas or oil 89 21 — of property not to exceed cash value si 1 Assessments, correctness of, taxpayers to have" right" to test in court S1 —for local political subdivisions may ' be' placed on parish assessment roll g4 -local or special, on real property ' for" works" of public improvement, may be levied under legisla- tive authority by municipalities and other sub- divisions . . Assessors of taxes 13 _ -Board of for the Parish of Orleans .WW" ln7 „„ Ass.gnment and interchange of district judges, under'orl ders of Supreme Court.. 41 12 ALPHABETICAL INDEX Page Sec. Assistant district attorneys 55,56 60,61 — prohibited from appearing for defense in criminal prosecutions 56 63 — salaries of 56 62 Assistant Attorneys General 64, 55 55, 56, 57 Attorney General and assistants; election and appoint- ment; term and tenure of > office; qualifications and powers 54,55 55,56 — salaries of 55 57 Attorney General; salary of 55 57 — vacancy in office of, how filled 55 56 Audit of contingent expenses, committee records 10 28 Auditor 17 1 — clerical expenses 22 20 — election and term 21 18 —salary 21 26 • — vacancy 21 15 B Bail 3 12 Ballot, official, popular elections by; exceptions 75 15 Ballots, in popular election to be publicly counted 73 7 Bank Commissioner, State 33 18 Banks, taxes on Federal Reserve, and on banks doing busi- ness in this State and domiciled elsewhere 84, 85 9 Baton Rouge, the capital of the State 118 2 Bayou St. John 121 20 Beds of navigable streams and lakes not to be alienated except for reclamation 12, 13 2 .1-3 1-15 23 :> 24 24 26 20 15 Bill of Rights (Article I) Bill, rejected, how proposed again » — requirements for final passage ■ • • 9 — three readings of ■? Bills, effect of Governor's failure to act on 20 lb —enrolled, delivery to Governor 10 — period for introduction of 7 — signing of after enrollment 19 — vetoed, how reconsidered 20 Blind, State School for the »j[ Blind Negroes, State School for »* » Board of Charities and Corrections •.■•,••'•;• —of Education, State, how composed; appointment; election, terms, organization 91. 9^ *• ■ ° —duties and powers of »i> ad —services gratuitous, except per diem and traveling expenses »1 —of Liquidation, City Debt ^ ^ — of Pardons ; ' " ' —of State Affairs hereafter called Louisiana Tax ^ Commission 26 11 Boards of Health 105 14 Bond issues, conditions governing * u — period, interest rate, etc • • ■ Bond of sheriff and tax collector, separate one m each ^ ^ capacity ' 57 g8 rSSTS SS=^* :::: " " ALPHABETICAL INDEX Page Sec Books for inspection to be kept by corporations doing business in this State 98 4 Bribery, at elections, immunity of persons guilty of, but giving first information as to 77 — definition and punishment 119 I 2 — testimony as to, not to be withheld on ground of self-incrimination 120 13 Buildings for Supreme Court 42 16 Bureau, legislative H 3i Business of inferior courts, reports and investigation of.. 41 12 19 c Caddo parish, police jury of, may pay judges of the First Judicial District additional salaries until expira- tion of present terms 48 35 Capital ot State, Baton Rouge to be 118 2 Canals, corporations for irrigation and navigation, may utilize navigable streams and beds of former nav- igable streams; other provisions 98 6 Carondelet canal 121 20 Cases in Courts of Appeal, how tried 45 27 Certification of questions of law by Courts of Appeal to Supreme Court 45 25 Certiorari, writs of, issuable by Supreme Court, Courts of Appeal and district judges .■ 36 2 — Supreme Court may review judgment of Courts of Appeal by 40, 41 11 Challenge of jurors 3 10 Change of venue, Legislature to provide for .- 51 45 Charitable institutions, how created 16 14 — private, care of destitute persons in 16 12 Charities and Corrections, Board of 26 10 Children, educable, enumeration of 94 14 — custody of, suits involving; within appellate juris- diction of Supreme Court 40 10 — legitimacy of, suits involving, within appellate jur- isdiction of Supreme Court 40 10 Choosing officers of each house 7 10 Circuits and districts, State divided into, for election of judges of Courts of Appeal 43,44 20 Circuit, Court of Appeal, three judges for each 44 20 Citizenship, duties of, to be taught in elementary schools. 91 3 Cities, limit of taxation in for parochial purposes .100 8 — withdrawal of from taxing jurisdiction of parish, unaffected by this Constitution 100 7 City of New Orleans, various officers provided for 64 89 City Court, First, of New Orleans, how composed; election, terms and salaries of judges 64 90 — allotment and assignment of cases in 66 91 — appeals from 65 91 — jurisdiction and powers of 64, 65 91 — judges may practice law 36 3 — Second, of New Orleans, jurisdiction of 66 92 — officers of, election, Qualifications, compen- sation, terms 66 92 — pleadings in 66 92 City Courts in certain cities, jurisdiction; appeals from. 52, 53 51 — compensation and election of judges of 53 51 ALPHABETICAL. INDEX , . Page Sec. Civil District Court for the Parish of Orleans, how com- posed; election, terms and salaries of judges 60 80 — jurisdiction of. .' . . 60 ' 81 — to prescribe order for trial of cases 61 81 — two judges from other districts to be assigned by Supreme Court for temporary service in 60 80 Civil power* military subordinate to 3 14 Civil service in- municipalities of more than 100,000 popu- lation ';.... ~, 106 15 Clerical expenses, oertain, executive offices. . .V. . . .' , 22 ' 20 Clerical officers of two houses ..■..-. ....*....... 10 28 Clerk, bond 'Of. .:...::...::.... .:...:; 57 ~ 68 — may appoint deputies .. .............. - 1 A". . . 57, ' ' " 67 — vacancy in office of, how filled ; 57 ' 67 Clerks, compensation of 58 73, 74 — and sheriffs to serve in Courts of Appeal 45, 46 28 — Legislature may vest specific powers in. 57 66 — of Courts of Appeal 46 '. 28 — of district courts may be empowered to enter de- - faults and render and sign judgments by default or by confession in certain cases 49 37 , — of district courts outside Orleans parish, election and term of office 57 66 — of Supreme Court 42 15 Code of laws, how adopted .8, 9 18 Collection of taxes, how enforced ...'..' 86-88 11, 13, 20 — Legislature to provide against process to restrain. 88 18 — of local political subdivisions, how enforced 104 14 — of local political subdivisions may be by parish tax collector 84 6 Combinations in restraint of trade 129 14 Commissioner at polls, service as, not to disqualify from holding office 77 20 Commissions, prescribed requirements 22 21 Committee consideration of bills . 9 24 Compensation, extra, to public officials prohibited 13 3 — for property used or destroyed for levee purposes. 115 6 —of clerks • '58 73, 74 — of clerks of Courts of Appeal.' 46 28 — of legislators • s li —of sheriffs. 58 - 59 7S - 74 Compulsory confession 3 ll Concealed weapons Concluding phrase of prosecutions, "against the peace and dignity of the State" . .' 3S 1 Conclusions of Courts of Appeal to be reached before opin- ion written ; ■ • 45 ^ b —of Supreme Court to be reached before opinion written ' " " " Concurrent jurisdiction with justices of the peace, where district courts exercise, Legislature to regulate _ , 49 37 procedure Confederate veterans, home for • -.1" g — pensions for 117 „ —pensions for widows of "' —tax for pensions Conference committees, adoption of reports of. j> ^ Confession, compulsory • ■ • • • • • • ■ ■ - • ■ —judgments by, powers of clerks as to... 49 il 6 " ALPHABETICAL INDEX Page Sec. Confession of judgment not permitted before maturity of obligation 51 44 Congested dockets in Courts of Appeal, how relieved 46 30 — in Supreme Court 36 5 Congressional election, justices of Supreme Court to be elected at 371 7 — judges of Courts of Appeal to be elected at 44 21 Conservation, Commissioner of 17 l — appointment; term 21 18 — authority and power of 22 1 — clerical expenses 22 20 — department of 22 1, 2 —salary 21 20 Conservators of the peace, judges to be 35 l Consideration, improper, for legislative vote; penalty im- posed on Legislator 11 30 Consolidation of executive offices , . 17 1 — of municipalities 100 10 — of related offices n 32 Constables, compensation of 52 50 —election and qualifications, terms of office..' .'.' 52 49 Constitutionality or legality of taxes, etc., cases involving, irrespective of amount, appealable to Supreme - x . C ° Urt 40 10 Constitutional systems of State and national governments to be taught in elementary schools 91 3 Constitution of 1898, Articles 134-138, laws covering' subl ject matter of, to be enacted by Legislature; until such legislative action, said articles effective... 61 81 Contempt of court, punishment for, to be limited 121 17 Contested elections, trial and determination of, Legisla- ture to provide for 74 .. —testimony in trial of, not to be 'withheld on ground of self-incrimination, but such testimony not to be used against witness, except for perjury in giving Contiguous parishes, merger of .'.'.'.'.'.." 99 t Contingent appropriations prohibited ...... . .........." 15 28 —expense committee, audit of records '.'.'.'.'.10 11 Contracts, unauthorized, payments under prohibited.. 13 Conventions^political, representation in, based on popu- —delegates to, qualifications ' of ! '. II * r„„ ■ T: Leg f ! f ure t0 enact laws to secure fairness' in .' '. '. '. 72 4 i!°"± dgm ? nt ° f ' reSUlt of ' ln impeachment trial. . impeachment trial.....;; J — vicuon in Convicts, employment in public works I! 2 —lease of prohibited.... 33 Coordination of schools, so as to'l'e'ad'to Vt'aiidard'of siate " University and A. and M. College 91 Coroner to be doctor of medicine; exception. II * ~or-whenZ t r er r ii y *"• f* ria ~™ as ta x "coliec t : 71 thprJ ■«, iS an mter ested party, or wherever there is a vacancy in office of sheriff . Wnerever -vacancy i n office, how filled . " 71 oner of f o°f r fic p e ar :: he r. ou . ts : de ° rleans '' ;i; ^ -** '^ "Corporation," the term ' defined" ' "' " 70 99 g ALPHABETICAL, INDEX Page See. Corporations, and Corporate Rights (Article XIII) 97-99 1-8 —doing business in this State to maintain offices therein and keep books for inspection 98 4 — restricted as to real estate holdings 97 1 — stock and bonds to be issued only for value re- ceived; issuance of fictitious stock ground for for- feiture of charter 97, 98 2 — Legislature to enact general laws for creation and regulation of 98 5 — for irrigation and navigation canals, also for hy- dro-electric power, may. utilize navigable streams and beds of former navigable streams; their prop- erty to go ultimately to State; exception 98 6 Corruption at elections to disqualify from voting and hold- ing office 77, 78 23 — grand juries, district attorneys and courts to en- force self-operative provisions against 78 23 Costs and attorney's fee awarded to officer successfully defending suit for removal 80 7 Costs, fees and 58 73, 74 Costs of appeal, amount of, in Courts of Appeal 46 28 Courts, open 2 6 Courts and officers, parish of Orleans 59 75 — district, jurisdiction outside Orleans parish 48,49 35,36 — in wards embracing parish seats, or containing cities of more than 5,000 inhabitants 52 51 — inferior, reports of business of 41 12 — judges of all, to refer to law and give reasons for judgment 35 Court of Appeal circuit, three judges for each 44 — district, one judge for each 44 20> — for the parish of Orleans, how composed; sessions of; quorum of; election, terms and salaries of judges 59 76 — for the parish of Orleans, officers of, other than judges 60 79 Courts of Appeal, appeals returnable to domicile of or to other places, as courts may provide 45 ii —absences in; judges ad hoc • • 45 —cases in, may be finally disposed of at domiciles 44, 45 —cases in, how tried 45 —congested dockets in, how relieved 4b du —costs of appeal in ■;.■•/" :, —decisions of, how reported and published 4Z 1 20- 26 24 27 17 -domiciles and places of sitting • • • • 44 22, 23 -election of judges of 42,43,44 19,20,21 —empowered to certify questions of law to Supreme ^ ^ -final disposition o'f'cises'in.may'beat domiciles.44, 45 24 how composed .'."." VL' ' -judges of, may be called upon to sit in 8"*™™ M 4> 5 _S£ienta 'reViewabie by Supreme Court. . ...... 40. 41 11 — jurisdiction ' "jj 3( . —may issue certain writs • ^ ^ —notice of judgments in ...... • • • •"••'•• : ' * ' ' " _ ,„ -number necessary to render judgment in... .45 — present recognized 42 —qualifications of judges of • - 4g — quarters for 2 21 19 28 g ALPHABETICAL INDEX Page Sec. Courts of Appeal, quorum of 42 19 — salaries of judges of 42 19 — salaries of judges of, when sitting in Supreme Court 41 13 — sessions of 44 24 — sessions of district courts not to interfere with ... 46 28 — shall appoint clerks 45,46 ,28 — sheriffs of parishes and clerks of district courts to serve in 45,46 28 — State divided into circuits and districts for elec- tion of judges 43, 44 20 — terms of judges of 42, 43 19 — time and duration of sessions of 44 24 Courts of record, district courts to be, except when they have concurrent jurisdiction with justices of the peace 49 35 — to exercise judicial functions only 36 3 Credit of State cannot be pledged 16 12 Criminal appellate jurisdiction of Supreme Court 40 10 Criminal cases, how tried 50 41, 42 Criminal courts of parish of Orleans and city of New Or- leans, provisions regarding, may be altered or re- pealed by Legislature by two-thirds vote, after January 1, 1924 63 87 Criminal District Court for the Parish of Orleans, how composed; election, terms and salaries of judges.. 61 82 — allotment of cases in 63 86 — cases pending in criminal courts of New Orleans to be transferred 62 63 84 — clerk and deputies 62 82 —jurisdiction and powers of 62 83 — rules of procedure in 63 86 — sections of g^ —stenographers, minute clerks, and deputy sheriffs f0r ;• 63 85 — vacations and absences of judges of 63 Criminal prosecutions, rights of accused in 2, 3 Cruel and unusual punishments, prohibited 3 Curatorship of interdicts, suits involving, within appellate jurisdiction of Supreme Court 40 io Custody of children, suits involving, within appellate jur- isdiction of Supreme Court 40 D 82 85 9-12 12 10 Damages for physical injuries, cases involving, Supreme Court not to have jurisdiction of 39 10 Deaf, State School for the 93 9 Deaf Negroes, State School for 93 9 Debt, bonded, of subdivisions, limit to 103 14 —public, Legislature cannot contract; exception.!.'. 12 2 — to State, parish, or municipality may not be re- leased; exception ,<. Decision by Supreme Court to be reached before opinion written 37 Decisions of Supreme Court and Courts of 'Appeal, 'how ♦reported and published 42 1? Defaults and judgments by default, powers of clerk's as' to' 49 37 Defendant, successful in suit for removal from office to recover costs and attorney's fee gg 7 13 ALPHABETICAL INDEX Page Sec. Delay not to run until after notice of judgment in Courts of Appeal 45 24 — unreasonable, in administration of justice, pro- hibited . , 2 6 Delegates to political conventions, qualifications of 72 4 Denial of registration, remedy for 72, 73 5 Denuded lands, contracts authorized fixing assessed valu- ation of 8i . 1 Department of Justice. 54, 55 55-57 Departments, three distinct 3 1 — limitations on; independence of 3 2 Deputies may be appointed by clerks . . . . : 57 67 Deputy clerk may. be continued in office temporarily as clerk in case of vacancy 57 .67 Destitute persons, care of 16 12 Device for voting straight ticket in popular elections,.... 75 15 Disagreement in Courts of Appeal, judges ad hoc in case , of .....' 45 ,26 Disbarment cases, Supreme Court to have original juris- diction of 39 . 10 Disqualification for office 118. H» 4 > H. 12 — from registering, voting or holding office 73 6 Distribution of Powers (Article II) a !> j* District, Court of Appeal, one judge for each 44 -0 District attorneys; elections; terms; salaries; qualifica tions 55 ",M —assistant 55 > 56 6 °- 64 —and assistants prohibited from appearing for de- fense in criminal prosecutions 56 '■'■' —fees temporarily payable to 56 District Courts i6 • " —appellate jurisdiction of •■' 64 43 35,36 28 — exercising concurrent jurisdiction with justices of the peace, Legislature to regulate procedure in... 49 —for the parish of Orleans, sessions 50, 51 —jurisdiction, outside Orleans parish 48, 49 —sessions of, not to interfere with Courts of Appeal 46 —session of, parish of Orleans excepted 50 4.S —to be courts of record except where they have concurrent jurisdiction with justices of the peace. 49 35 —where judges of recused, cases, how triable 49 38 District judges, assignment and interchange of, by order ^ of Supreme Court —election of; qualifications of •■•••• *» —may be called upon to sit in Supreme Court 36 4 —may issue certain writs « 43 — qualifications of ."""." 1" -salaries and expenses of, when sitting m courts ^ other than their own 4g 3g — salaries of 48 33 ZtoTerve' pro'tempore/ to'rel'ieve' congested dockets in Courts of Appeal ...... . . ........ ■ !* „v,fl <3tatp divided into, for election of Districts, circuits and State *™ , . . . > 43,44 20 judges of Courts of Appeal 46 47 48 31 zJuSSS^^^axran-:::;:::::..:..'^ * =£2£S ^^t^irTnumber/outsidepa;: ^ -Sidafto^in temporarily a- now' established 46 10 ALPHABETICAL. INDEX Page Sec. Districts, justices of Supreme Court accredited to 37 7 — Supreme Court, State divided into. 38, 39 9 Divestment of vested rights prohibited 16 15 Division of State into Supreme Court districts 38, 39 9 — of parishes outside Orleans, for election of justices of the peace , 51 46 Divisions, Supreme Court may sit in 36 5 — members of said court to sit by rotation in 36 6 — who to preside when Supreme Court sits in ,38 7 Divorce and separation cases within appellate jurisdiction of the Supreme Court 40 1* Dockets, congested, of Courts of Appeal, how relieved 46 30 Domiciles and places of sitting of Courts of Appeal 44 22,2? Donation of unexpended balances of legislative expense funds, prohibited 11 28 Double jeopardy prohibited 2 9 — platoon system, New Orleans fire department 109 25 Drainage district, assumption of debt by parish 104 14 Drainage Districts (Article XV) 114 i, 2 —gravity 102 14 Drainage for certain purposes, rights of way for 12 37 — of marsh, swamp and overflowed lands 114 ' l Drawing of jurors, Legislature to provide for 50 41 Dual office holding prohibited 118 4 Due process of law req u ired ... 1, 2 2 6 E Educable children, enumeration of 94 14 Education, Public, State Superintendent of 92 5 — State Board of, how composed; appointment; election; terms; organization 91 4 — duties and powers of 91-93 4-11 —services gratuitous, except per diem and traveling expenses 91 4 —to have visitorial powers over Louisiana State University and A. and M. College 92 7 Educational institutions, how created , ig —higher, other than Louisiana State University, enumeration of; support and maintenance of . . . .92, 93 —institutions to be so coordinated as to lead to' standard established by Louisiana State Univer- sity and A. and M. College 91 Educational system, of what to consist 91 Election cases, testimony in, not to be withheld on" the ground of self-incrimination 77 —general, State, when held .... " 73 —of judges of Courts of Appeal. .....'.'..'. 42 43 .! —of justices of Supreme Court ' « 7 " 14 19 73 9 43 19 37 7 -of Legislators, houses of Legislature to be judges -of officers, parish of' Orleans,' time 'of ' (judiciary ? 10 Department, Sec. 97) „ „„ 00, by 97 ALPHABETICAL, INDEX 11 Page Sec. Elections, bribery at, parties guilty of, giving first infor- mation of, immune from prosecution, except for perjury in giving such testimony 77 19 — by the people, by official ballot, at expense of State; exception 75 15 — by persons in representative capacity, by viva voce vote 73 7 — fairness in, Legislature to enact laws to secure. . . 72 4 — for imposition of special taxes, Legislature to make laws to govern 75 15 — in the city of New Orleans, when held 74 10 — parochial, when held 74 10 — popular, by ballot 73 7 — presidential and congressional, when held 74 9 — returns of, to whom made 75 14 Electors not to be registered within thirty days before election; this time limit not applicable to con- tests, revisions and transfers 75 16 — privileged from arrest during attendance on elec- tions ; exception 73 8 —qualifications of 69-72, 74, 75 1-3, 6, 11, 16, 21 Electric light and power plants, aid to, authorized 106 19 Elementary schools, studies to be taught in 91 3 Eligibility to office dependent on qualifications as elector; exception 74 13 Emancipation, matters of, within appellate 1 jurisdiction of Supreme Court 40 1° Emergency measures, time of introduction of 7 8 Employers' liability law, cases under, not within jurisdic- tion of Supreme Court 39, 40 10 Enacting clause, repetition of unnecessary 7 7 Enactments of Legislature, when effective 10 27 End, origin and, of government 1 1 English language to be used for exercises in the public schools 9S u Enumeration of educable children 94 I 4 — of rights, how construed 3 15 77 19 Evidence in election cases ' Evidence, self -incriminating, not compulsory 2 11 Executive Department (Article V) 17-22 1-21 — composition of ~ Executive departments, reports to Governor 19 13 Executive officers, how chosen • Executive offices, clerical expenses ^ —filling vacancies in • • ■ • Exempt from taxation, certain obligations of Orleans Parish School Board to be • a& ' ! " > Exemption authorized till Dec. 31, 1925, of $4,000 of value of homes from municipal taxation in certain mu- ^ ^ nicipalities "s'2 83 4 Exemptions, from taxation '.]'.'.'. .&9-91 1-4 Bxerc^sT ^J..' Whoois "to * be conducted " In English 93 12 Expenses tricts ^Tfu^shoid^court outside their own dis- 12 ALPHABETICAL, INDEX Page Sec. Ex post facto laws prohibited 16 15 Expulsion of Legislators 8 10 Extinguishment of debt to State, etc., prohibited 16 13 Fairs, parish and municipal, tax authorized' for. :..:::.... 100 11 Fairness in elections and conventions, Legislature to enact laws to secure 72 4 Federal officers ineligible to State offices 118 4 Fees and costs 58 73, 74 — denied salaried officials 119 10 — received by certain officials to be paid into gen- eral fund 22 20 — temporarily payable to district attorneys 56 64 Fidei commissa, creation of, prohibited; exception 16,17 16 Final disposition of cases in Courts of Appeal, may be at domiciles 4-4, 45 24 Findings of fact in writing, district judges to give, in certain civil cases 51 43 Fines, excessive, prohibited , 3 12 — forfeitures, etc., cases involving constitutionality or legality of, appealable to Supreme Court 40 10 Fire department, double platoon system in New Orleans.. 109 25 Fire Marshal, State ' 27 15 First Judicial District, additional salaries to judges of 48 35 First City Court of New Orleans, allotment and assign- ment of cases in 66 91 — appeals from 65 91 — how composed; election, terms and salaries of judges 64 90 —costs in 65 91 — jurisdiction and powers of 64,65 91 Forced heirship, abolition of, prohibited 16 16 Forestry policy of State 22 2 Forfeiture, no, of property for non-payment of taxes 86 11 Forfeitures or adjudications of immovable property to State for taxes due prior to January 1, 1880, in- effective under certain conditions; unpaid taxes still collectible i. gg 2 Franchises, perpetual, not to be granted 99 7 Fraudulent registration, voting, etc., Legislature to pro- vide for prosecution of persons charged with 73 5 Free school fund, debt of State to provided for 97 Freedom of religion safeguarded 1 Fuel for govenment departments to be furnished by low- Fund, retirement, for teachers 97 Funding of authorized tax 103,104 Funds, Agricultural and Mechanical College, free school and seminary, to be kept separate on books of Auditor and Treasurer _ 97 —public school, to consist of what; how distributed 19 4 est bidder ,, „ ( , Functions of courts of record judicial only; 36 3 23 14 19-22 to parishes 94 1 . -public, of State cannot be loaned or pledged!!!!!! 16 12 ALPHABETICAL, INDEX 13 Page Sec. Funds, public, not to be used for private or sectarian schools 93 13 — suspension of officers in charge of 80 8 Futures, gambling in, to be prohibited by law 119 8 G Gambling a vice 118 8 General appropriation bill 15 9 General Provisions (Article XLX) 118-122 1-21 Governor, appointive power of 19 11 — beginning of term 18 4 — cannot succeed himself 18 3 — commander-in-chief of militia 116 2 — duty to see laws executed 19 14 — election and term 17 2 — inability to act as such 18 6 — message to Legislature 19 13 — pardoning power 19 10 — power to convene special session of Legislature. . . 19 14 — power to reprieve ' 18 10 — qualifications of 17,18 3 — reports from executive departments 19 13 — salary of 18 5 — time allowed for action on bills 20 15 — -vacancies filled by 19 12 — vacancy in office of 18 6 — veto power 20 15 — veto of items in appropriation bills 21 16 — when approval of legislative action unnecessary.. 21 17 — when on trial in impeachment proceedings, Chief Justice or Associate Justice of Supreme Court to preside 78 — acting, compensation of 18 7 Government, origin and end of 1 1 • — parochial, optional plans for 99 3 — powers of, divided among three departments 3 1 — seat of to be at iBaton Rouge 118 - Grand juries, terms of; quorum of 50 42 Grand jury, indictment by Grievances, right of petition for redress of. 1 5 H Habeas corpus, writs of, issuable by Supreme Court Courts of Appeal, and district judges 35,3b i — writ of, secured. 26 11 Health, boards of —Officer, State m Highway fund, general, expenditures from 33, 34 21 —sources of ' ^ Highway laws, continuance of existing Hiqhways and bridges, State, policy relating to. ....... . . • 33 9 -State, vehicles taxed for, exempt from pansh and ^ ^ municipal license tax 14 ALPHABETICAL INDEX Page Sec. Homes, $4,000 of value of, exempt from municipal taxes in certain municipalities till December 81, 1925, if exemption granted by governing authorities 88 19 Homestead claims, appellate jurisdiction in 40, 49 10, 36 — sale or waiver of 90, 91 3 — to be valid must be recorded in parish of Orleans . 91 4 —waiver of 90, 91 3 Homestead and other specified property exempt from seiz- ure and sale, except for certain debts; limit of ex- emption $2000 89,90 1,2 Homestead exemption, existing rights to, not affected.... 90 2 — not to apply to certain specified debts 90 2 — to husband subject to deduction of value of wife's property 90 1 — who may claim 90 1 Homestead Exemptions (Article XI) 89,91 1-4 — cases involving, except when only movable prop- erty involved, appealable to Supreme Court 40 10 House, each, judge of election, qualifications, etc., of mem- bers 7 10 House of Representatives, apportionment of members 6, 7 5, 6 — number of members 6 5 — representation in 4 2 Husband's homestead exemption subject to deduction of value of wife's property 90 1 ' Hydro-electric power, corporations for, may utilize navi- gable streams and beds of former navigable streams; other provisions .■ 98 6 Ice factories, municipal, authorized 106 18 Illegal or fraudulent registration, voting, etc., Legislature to provide for prosecution of persons charged witn 73 5 Illegal tax, recovery of, Legislature to provide for 88 18 Illegally registered persons, names of, how removed from ro11 73 5 Immovable property, forfeitures or adjudications to State for taxes due prior to January 1, 1880, ineffective under certain circumstances 88 20 Immunities of Legislators 8 13 Impeachment and Removal from Office (Article IX) 78-80 1-9 — of officers, causes for 78 n —trial of Governor, Chief Justice or Associate Jus- tice of Supreme Court to preside 78 —trial, result of judgment of conviction 78-80 2-6 Impeachments by House of Representatives 78 2 —tried by Senate, which may sit whether House' in session or not 78 , Inability of judges of Courts of Appeal to serve! judges ad hoc in case of 4- „ fi Incidental demand, appeal from judgment on, lies to' what C0Urt 35 1 2 ALPHABETICAL INDEX 15 Page Sec. Income taxes may be levied after May 1, 1924 81 1 Indebtedness, State, creation of prohibited 12 2 Independent candidates, names of, may be printed or written on ballot 75 15 Indictment 2 9 — number of grand jury necessary to find 50 42 Information 2 9 Inheritance and donation taxes; limitations and exemp- tions 84 1 Institutions, educational or charitable, how created 16 14 Interdiction, suits involving, within appellate jurisdiction of Supreme Court 40 10 Introduction of bills, period for 7 Investigation of business of inferior courts, Supreme Court may direct 41. Investment, legal, for persons non sui juris, obligations of Orleans Parish iSchool Board under Article XII, Section 16, to be 96 16 Items in appropriation bills, veto of 21 J Jeopardy, no person to be put twice in, for same offense. . 2 J Journal of legislative proceedings of court of record, time oi determining eligibility of judge or justice 12 Judge of court of record, time of service .^counted in ^ ^ Judges, ad hoc in Courts of Appeal * 1 — conservators of the peace —of Courts of Appeal; Qualifications, salaries and j. 42, 43 J- 3 terms of ; 48 33 — district, election of 33 —district, qualifications of • ■ • • ■ • • ■ ■•;••• —in any district, Legislature may, by two-thirds ^ vote, change number of —not to be affected by legislation during terms. ... 50 *u —number of in judicial districts ■••••■ -of courts of record, other than Supreme Court, ^ g how removed from office ',"".'■" -Tcourts of record to exercise judicial functions ^ g only ; !"', ir 3 —of courts of record not to practice law. • - -of district courts, assignment and interchange of, ^ under orders of Supreme Court. ............. ■■■■ -of other courts may be called on to sit in ^ Su- ^ ^ preme Court 4S 35 ZfaiSfs ^Sr ot when" sitting in 'courts ^ other than their own • ' 4g 33 -terms of ^^^easons' for 'judgment: '. '. '. 35 1 Judgment In^l^Tax^ineffective before reimburse- ^ JS££££?» ^ in CourtsVf Appeal.. 45 26 -of conviction in impeachment trial 1 -reasons for, to be £-**££,£ ^ Supreme Judgments of Courts of Appeal revie 4Q n n Court l'.""'f 45 24 —in Courts of Appeal, notice of 16 ALPHABETICAL INDEX Page Sec. Judicial districts, how composed 46, 4 ^, 48 31 — Legislature may ' rearrange is —to be twenty-five in number, outside Orleans parish 46 31 — to remain temporarily as now established 46 SI Judicial Expense Fund, parish of Orleans and city of New Orleans, how realized, expended and adminis- tered 67 > 68 95 — officers payable from 67 9E > — functions only to be exercised by courts of record 36 3 — officers, parish of Orleans, qualifications of 59 75 — power, how vested 35 1 Judiciary Department (Article XVII) 35-69 1-97 Jurisdiction of appeal from judgment on ^conventional or other incidental demand 35 1 —appellate, of District Courts 49 36 - — of Courts of Appeal 46 29 — of District Courts, outside Orleans parish 48, 49 35, 36 — of Justices of the peace 51,52 48 —of Supreme Court 39, 40 10, 11 Jurors, challenge of 3 10 — Legislature to provide for election and drawing of. 50 41 Jury judges of law and facts 119 9 — trial by, and without 2 9 — service optional with women 50 41 Justice, Department of 54,55 55-57 — of the peace courts may be abolished in certain wards, and other .courts substituted 52 51 — of the peace, office of, may be abolished by the Legislature 51 46 Justices, at least two to read record in Supreme Court. ... 37 6 Justices of Supreme Court, qualifications of 37 6 Justices of the peace, appeals from, District Courts to have jurisdiction of, except in homestead claims involving immovable property 49 36 — compensation of 52 50 — District Courts exercising concurrent jurisdiction with, procedure to be regulated by Legislature... 49 37 — division of parishes outside Orleans, for election of 51 46 — jurisdiction of 51,52 48 — may hold another office ; 118 4 — number of 51 46 — qualifications, election and terms of office of 51 ' 47 Juvenile Courts 53, 54 52, 53 — appeals from 54 54 — judge of District Court ex officio judge of, except in Orleans parish 53 52 — jurisdiction of 54 52 — procedure, officers and expenses of 54 53 — sessions of, separate 53 52 Juvenile Court for the Parish of Orleans 68 96 — jurisdiction of , 68 96 — judge of, salary, term and election 68 96 K Kindergartens permissible for children between ages of four and six years 91 1 ALPHABETICAL INDEX 17 L Page Sec. Labor, no law fixing price of 15 7 Land, no increase of assessment on, by reason or oil or gas 89 21 Law, due process of required 1, 2 2,6 — enacted, when effective 10 27 — judges to refer to 36 1 — must have but one object 8 16 — revival or amendment of 8 17 Laws, local, indirect enactment of 14 5 — local or special, notice of 14 6 —local or special, prohibited 13, 14 4 — local or special, repeal of 14 5 — permissible local or special 14 6 — style of 7 7 — suspension of, only by legislative authority 118 5 — system or code of, how adopted 8 18 Legislative action without Governor's signature i... 21 17 Legislative bureau 11 31 Legislative Department (Article III) 4-12 1-37 Legislators, compensation of 8 14 — disqualified for certain offices 8 12 — immunities of * 13 — must disclose personal or private interest in any measure 11 29 — penalty for improper consideration in casting vote 11 30 —power to convene special sessions 19 14 — qualifications, election and returns of 7 9,10 — term of 7 9 Legislature, address of, removal of officers by, except Governor or acting Governor 79 3 — adjournment of either house , .' . ■ 9 20 — adoption of code of laws by 8 18 — clerical officers of 10 2S — concurrence of two houses 9 2 ^ — consideration of emergency measures 1 s —contempt, punishment of non -members for 8 11 — date and duration of session • 7 * — how rejected measures may be proposed again... 9 — introduction of measures, time limit for 7 — journal of proceedings 8 —judge of qualifications, election and returns of members -legislative powers vested in. * :~j *~- ;^t*.r»/Iiin+ir>Ti nf hills « 5 9 24 8 10 8 15 7 10 period for introduction of bills — procedure in enacting laws —punishment of members.. ^ — quorum of ■ ' —regulation of working conditions of women and . , 15 ' g^rls .■■■• 9 22 — revenue bills ^ —rules of procedure 7 —style of laws x — two-chambered „ g — vacancy in ^ 21 LeveelSru^orind-maintenanceV-cooperation-wi^^ Federal government • . —districts partly in adjoining states ■•■•••■•• ■ • • • ■ ' ' -purposes; compensation for property used or de-^ g stroyed for 18 ALPHABETICAL INDEX Page Sec. Levee system provided for 114 1 — system, State, tax for 114 1 — taxes, funding of , 115 3 Levees (Article XVI) 114-116 1-7 — taxation for 114-115 2 Liability to State, etc., release of, prohibited 16 13 Liabilities of public or private corporation cannot be as- sumed by State 16 12 Libel, proceedings for, truth admissible in evidence 119 9 Liberty of speech or of the press, no restraint upon 1 3 Library of the Supreme Court 42 16 — of the State I 42 16 License tax by parishes and municipalities prohibited on vehicles taxed for State highways 88 17 License taxes 84 g Lieutenant Governor, beginning of term 18 4 —election and term 17 2 —member of Board of Pardons 19 10 — President of Senate 18 8 — qualifications of 17 18 3 — salary of .'.'.'..' 18 5 —succession to office of Governor ! . IS 6 — vacancy in office of ' jg 9 Limitation of rate of State taxation ' \ ' [si 82 3 Limitations (Article IV) .12-17 1-16 Limit to bonded debt of subdivisions .103 14 , . . , — ° f time for annulment of tax sales; exceptions . . 86, 87 11 Liquidation, Board of, City Debt 109 24 Litigants, service of process by, Legislature may provide . , f °/ •■■;•, 58 73 Local and special taxes, for works of permanent public improvement, and for schools; limitation and duration 85 10 —assessments on real property, for works of public improvement, may be levied, under legislative au- thority, by municipalities and other subdivisions. 87 13 —authorities may, for taxing purposes, adopt dif- ferent percentage of valuation from that fixed for State purposes gl , —taxes governed by provisions regulating* collec- tion of State taxes, and State tax sales 87 it Lotteries prohibited llg Louisiana Polytechnic Institute .92 93 9 — State Normal College ....'. . '92 9 —State University and Agricultural and Mechanical College, provision for maintenance and support of 96 17 State University and Agricultural and Mechanical College, governing body to be created for 92 7 —Tax Commission, formerly Board of State Affairs' how composed; its authority; appointment, terms of office, and salary of members 81 2 M Main demand, court having appellate jurisdiction of to have jurisdiction of reconventional or other inci- dental demand 35 —when no appeal on, appeal lies to court' with juris- diction of reconventional demand. . 35 Mandamus, writs of, issuable by Supreme Court,' Courts of Appeal, and district judges 3536 14 16 19 ALPHABETICAL, INDEX 19 Page Sec. Manual labor, price of cannot be fixed 15 7 Maps of reaf property, Legislature may provide for 87, 88 15 Markers and monuments to Louisiana soldiers 117 4 Marriage, suits for nullity of, within appellate jurisdiction of Supreme Court 40 19 Marsh lands, drainage and reclamation of 114 1 Mayors, jurisdiction over violation of municipal ordi- nances, may be vested in 53 51 Medicine and medical profession 26 12 Memorial Hall for Civil War relics, etc 117 4 Merger of contiguous parishes 99 4 Messages, Governor's, to Legislature 19 13 Military records, banners, etc 117 4 — subordinate to civil power 3 14 Militia (Article XVII) 116, 117 1-4 — necessary to security of State ."•' 2 8 Mineral rights of State 12,13 2 Minimum wages for females 15 7 Minor criminal cases triable by judge when jury waived by defendant 50 42 Misdemeanors, prosecution of on affidavit 2 triable by district judges. : • 50 42 Monopolies, Legislature to enact general laws for pro- hibition »f 98 — prohibited 120 Monroe, city of, Ouachita parish not liable to for children of said, parish outside said city who attend Monroe city school 95 Mortgages, recordation of • 121 Mothers' pensions • 118 (top) & Movable property, when sold for taxes, not subject to re- demption — taxes on, how collected Municipal corporations may exercise power of taxation; ^ ^ limitation ■ 18 — ice factories ■ ,'"-"", —officers, jurisdiction over violation of municipal ordinances, may be vested in ■ bs —ordinances, jurisdiction over violation of w »i —purposes, funding of tax for ■ ■ ■ ■ • >±»* —school boards and systems, existing, recognized^. 93 11 —taxation for public schools. "^ 10 ' ^ — tax, limit of 113 29 —zoning " 101 u Municioalities, bond issues by •'■ • • ■ ••■ ' ' ^certain, entitled to representation on parish school ^ ^ boards [ 106 15 — civil service in 100 10 —consolidation of two or more ••■••■ • -^ . g — navigation canals • iii'114 30 —rights over riparian property 110 ' N Names illegally on registration roU, procedure ,f or removal 73 Natural resources, severance tax on-oy State, not oy parish or other local subdivision. •••■■■«•;;;;;; ; 88 ^ g Navigation canals l - "'',.'Jj ' 93 » Negroes, State School for Blind ■ • ■ ; 93 9 —State School for Deaf.... m New Basin Canal and Shell Road 87 H 11 20 29 ALPHABETICAL, INDEX Page Sec. New Orleans, Board of Commissioners of Port of, appoint- ment and removal of members 32 17 — powers and duties of 27-32 16 .. — powers over subordinate departments 32 17 New Orleans, First City Court of, how composed; elec- tion, terms and salaries of judges 64 90 — allotment and assignment of cases in 66 91 — appeals from 65 91 — jurisdiction and powers of 64, 65 91 New Orleans, Second City Court of, pleadings in 66 92 New Orleans, city courts of 64-66 91-93 — certain officers of city of, compensation of 63, 64 88 — city of, may levy special tax for zoological garden, with consent of property taxpayers 85 10 — double platoon system in fire department 109 25 —election of public officers 107 22 —judicial expense fund in 67, 68 — public improvement bonds in 109 23 — recorder's courts of 66, 67 —right of electors in, to choose public officers 107 — SeweVage and Water Board 107 — tax collector for —triple Platoon system in police department 109 New Orleans-Chef Menteur highway 35 24 New Orleans- Hammond" highway 35 2 4 Normal College, Louisiana State 92 9 Notary public may hold another office. '.' Hg 4 Notice, of judgments in Courts of Appeal '.'.'.". 45 24 — delajy not to run till after 45 2 4 — of local or special laws " . [ 14 6 Nullity of marriage, suits for, within appellate jurisdic- tion .of Supreme Court 40 10 Number necessary to render judgment in Courts of Appeal 45 26 —of grand jury necessary to find indictment 50 42 —of judges in judicial districts 4 8 32 —of judges in judicial districts, Legislature "may change 4g ^ —of senators necessary for conviction in impeach- ment trial 7S —of Supreme Court necessary to render 'judgment! '. 36 4, 5 Oath of office Object, law must have but one.! 8 * Obligation of contracts, impairment of,' prohibited '.'.'.'.'.'." 16 it -to State, release of, prohibited 16 \ s 22 23 .107 21 25 Obligat.ons of Orleans Parish School Board under Arti ! XII Section 16, exempt from taxation, legal in- for ^ 7 Pe - S ° nS n ° n SUi 5urls ' ana security tor public deposits qK Office, eligibility to, dependent on qualifications 'as"eiecl tor w t Office-holding, disqualification from." .' If X f Off.cer, successfully defending suit for removal,' to'recover 6 costs ana attorney's fee... an Officers, clerical, of two houses... ?„ 7 -certain, of parish of Orleans and city of' New Or- leans, compensation of fi „ fi , —composing executive department .' 17 -executive must give information to Governor'. '. " ' 19 —how salaries may be changed.. V, 13 li 34 1 ALPHABETICAL, INDEX 21 Page Sec. Officers, in charge of public funds, suspension of 80 8 — legislative, how chosen 7 10 — must npt be interested in contracts for supplies . . 11 30 — perform duties till successors are inducted 118 6 — removal from office of, except Governor, Lieuten- ant Governor, and judges of courts of record. . . .79, 80 3, 6, 7 — various, provided for parish of Orleans and city of New Orleans 64 89 Offices, holding dual, prohibited •. 118 4 — related executive and administrative, may be con- solidated 11 32 Official ballot, popular elections by; exception 75 15 Oil or gas rights, no further tax on, than the severance tax; no additional assessment on land by reason of oil or gas 89 21 Oil or gas lands, existing laws relating to assessment and ' taxation of, operative pending enactments 89 21 — portion of severance tax on, to be allocated to par- ish where collected, limitation 89 '21 Open courts 2 6 Opinion to be written in Supreme Court and Courts of Ap- peal, after conclusions reached 37, 45 6, 26. Optional plans of parochial government 99 3 Order of preference for trial of appeals in Supreme Court 42 18 Orders issuable by Supreme Court and other courts 35, 36 2 Origin and end of government 1 Orleans Levee District 116 T Orleans parish, Board of Assessors for 107 20 — certain officers of, compensation of .V . 63, 64 88 — judicial officers of, qualifications of 59 75 — Parish School Board, obligations of, under Article XII, Section 16, exempt from taxation, legal in- vestment for persons non sui juris, and security for public deposits 96 16 Parish School Board authorized to incur indebted- ness and issue bonds for school grounds and build- ings; may levy tax for payment; obligations here- under exempt from taxation 95, 96 16 —parish school tax, levy and collection of; certain portion to be used for school buildings 95 16 Ouachita parish not liable to city of Monroe for children of said parish outside said city who attend Monroe city school S5 '■ ■• Overflowed lands, drainage of 114 1 1 P Pardons, Board of ■ — for treason ;. ' ' ". "' '.",„. , , Parish, assumption of debt of road or drainage districts byl04 —fair, tax authorized for .....lou.iui 11 lines, how changed —seat, how removed ■■•■■ ° —taxes for all purposes, limitation on 100 11 r, • h nf Orleans, Court of Appeal for, how composed, PanSH °ses°ons of; quorum of; election, terms and sala- ^ ries of judges •■■■•': "fi7 68 95 -Judicial Expense Fund in. . ■ 67, 88 95 -iudicial officers of, qualificatxons of. . 59 75 — juaiu* Pn ,._ t for the; officers of, time of elec- - 3U 7Z of audicLry Department, Sec. 97) 68,69 >.. 97 22 ALPHABETICAL INDEX Page Sec. Parish of Orleans, vacancies in certain offices in, how filled 66 93 — various officers provided for 64 89 Parish school boards and superintendents 93 10 — school boards and systems, existing, recognized. . 93 11 — school tax 94, 95 15, 16 Parishes, bond issues by 101, 102 14 — contiguous, merger of 99 4 — created or enlarged, debt and property of 99 5 — may acquire property for navigation canals 100 6 —new, representation of 7 6 — organization of new 99 1 — reimbursed by State for certain expenses 106 17 Parochial and Municipal Affairs (Article XIV) 99-114 1-30 — corporations may exercise power of taxation; lim- itation 83,84 5 — government, .optional plans for 99 3 —purposes, funding of tax for 103 14 Pass, acceptance or use of, prohibited 120, 121 15 Peace, judges to be conservators of the .35 l — bonds, district courts may require , 49 35 Penal institutions, parishes where located to be reim- bursed ' for criminal expenses 106 17 Penitentiary (Article XX) '. '. '.122,' 123 1 — bond issue for 122' 123 1 Pensions (Article XVIII) .117, 118 1-5 — for Confederate veterans and their widows .117 2 — for mothers ..118 5 Percentage of valuation of property for purposes of local taxation ........ »> . Peremptory challenges of jurors 3 10 Period for introduction of bills 7.7. 7. ...... 7 8 Perpetual franchises or privileges not to be granted 99 7 Perquisites of office forbidden 119 10 Personal interest in any measure must be disclosed by legislator , , „ Petition, right 'of ; 77777 1 5 Pleas of guilty may be received by district judge in cases less than capital 50 .„ Police department, New Orleans, triple platoon system in '. !l09 25 —power of State, exercise of, not to be abridged. . .121 18 Poll tax payment prerequisite to voting, for persons less than sixty years old 1111 2 o , x ~: ta . xe ^ for sery, fraud and corruption in'rela't'ion to.' 71 2 Polytechnic Institute, Louisiana o M , a Power of taxation ^."""i""^..^ 121 —not to be surrendered, suspended, etc... 80 81 1 —may be exercised by public corporations and' boards; limitation a , s . Powers, distribution of ' * 5 Practice, rules of, in Courts of Appeal! .77 A 1, J —of law, service as judge of court of record equi'val lent to, m determining eligibility of judge or jus- Preamble . . ....... .7.7.7.'. 50 39 Preference, order of, for trial' of 'appeal's 'in Supreme Court 42 « "office ° thercases eivento suits for removal from —servitudes acquired by! 7777! ,„« " President pro tempore of Senate. . . . . ... . ! 7 " ', [ [ \ \\ \\ \ ' \ jjj 16 ALPHABETICAL. INDEX 23 Page Sec. Presiding justice, who to be, when Supreme Court sits in divisions ......." 38 7 Press, liberty of the 1 3 Printing, public, to lowest bidder 11 30 Private schools, no public funds to be used for 93 13 — enterprises denied public aid 16 12 — property safeguarded 1 2 — property, and rights of way 12 37 — purposes, appropriation for prohibited 15 8 Privilege, perpetual, not to be granted 99 7 — on immovable property , 121 19 — on movable property 121 , 19 Procedure in District Courts, Legislature to provide meth- od of, in cases of jurisdiction concurrent with jus- tices of the peace 49 37 — rules of legislative 7 10 Proceedings, journal of legislative required 8 15 Process to restrain collection of taxes, Legislature to pro- vide against 88 18 — issuable by Supreme and other courts 35,36 2 — service of, by litigants, Legislature may provide for 58 73 —style of 35 1 Prohibition, writs of, issuable by Supreme Court, Courts of Appeal and district judges 35,36 2 Property exempt from taxation 82, 83 4 — of State cannot be pledged, etc 16 12 Prosecutions, by indictment, information or affidavit 2 9 — criminal, rights of accused in 2, 3 9, 10 —style of 35 1 Proxy, voting by, not allowed 72 3 Public Belt Railroad, New Orleans 110 26 — bond issues for HI 27 — Commission 110 2S Public Service Commission, districts 25 8 effect of creation on local control 25 7 — election, term and salary 22 3 — judicial review of orders 24 5 —laws applicable to 25 . 26 9 —orders of f* ° —penalties imposed by. |» ° —powers of ■•• Publ ication of acts of Legislature 10 il —of decisions of -Supreme Court and 'Courts of Ap- peal 42 12 Public Education (Article XII). »l-»7 1-24 —State Superintendent of ...... . . • • »* » D,.t,li^ funds, suspension of officers in charge of 80 8 Publ.c f unds, su P ivate or sectarian sc hools. ... 93 13 PublicTmprovement bonds in New Orleans ... 108 109 23 Pub " _.o f fi cer s of New Orleans elected by people of that , 107 22 Public school' funds,' to' consist of what; how distributed .„»,„, 94 14 to parishes • • • • g4 u Publ ic^lfool's,' exercises 'in,' 'to be' conducted in English ^ ^ language . • „. 15 —municipal tax for a * " pSme^^ - 24 ALPHABETICAL INDEX Q Page Sec. Qualifications of justices of Supreme Court 37 6 — of legislators, how judged 7 10 — of senators and representatives 7 9 — of voters at time of election, not at time of regis- tration, to govern right to register 75, 76 16 Quartering soldiers, etc., prohibited in time of peace 118 7 Quarterly statements of receipts and expenditures 12 1 Quarters for Courts of Appeal ; 46 8 Questions of law may be certified by Courts of Appeal to Supreme Court 45 25 Quieting of tax titles 87 11 Quorum of Supreme Court sitting in divisions 36 5 — of Courts of Appeal 42 19 Quo warranto, writs of, issuable by Supreme Court, Courts of Appeal and district judges .35, 36 2 R Railroads declared public highways; other provisions with regard thereto 98 3 Railways, parochial, ward or municipal aid to 106 19 Rate of State taxation limited 81, 82 3 Real estate, restrictions on corporate holdings of 97 1 — exempt and taxable, to be valued at actual cash value, and submitted to Louisiana Tax Commis- sion 87 12 Real property, Legislature may provide for survey and maps of 87> 88 15 Reading of record required of at least two judges of Courts of Appeal 45 2 6 —required of at least two justices of the Supreme Court 37 Reading of bills 9 2 4 Reasons for judgment, district judges to give in writing in certain civil cases 51 43 — judges to give 35 1 Reasons for refusal of writs, appellate courts to give 36 2 Recall of officers, except judges of courts of record, Legis- lature may pass laws for.' §0 9 Reclamation of marsh, swamp and overflowed lands. . 114 1 Reconventional demand, appeal from judgment on, lies to what court 35 , Record, courts of, District Courts to be.'except'where they have concurrent jurisdiction with justices of the Peace ^ 49 —reading of, required of at least two judges of Su- preme Court 37 —reading of, required by at least "two" judges" of Courts of Appeal. —qualifications, election, and removal of judges! Records of Supreme Court, housing of Recorders^courts, city of New Orleans, jurisdiction ' of . . . 66 94 42 16 66, 67 94 18 Recovery of illegal tax, Legislature to provide remedy' for Recusation of judges in Courts of Appeal, judges ad hoc in case of """'^triable^. i " &ge * ° f Dis ^ ict ' Cou ^ s ' *™. cases," how " Redemption of property' sold for' taxes. .'."..'.' tl !! —no, where movable property sold for taxes . '. '. ". '. '. '. '. 87 u ALPHABETICAL INDEX Page Sec. Reforestation of denuded lands encouraged by authorizing contracts fixing assessed valuation thereof 81 1 Refunding of outstanding debt of subdivisions 103 14 Refusal of writs, appellate courts to give reasons for '. 36 2 Register of Land Office, clerical expenses 22 20 — election and term 21 18 — fees collected by 22 20 —salary 21 20 —vacancy 21 18 Reg istrars of voters ; 76 18 — removal of 1 76 18 — no other persons to exercise powers of, after De- cember 15, 1921 76 18 Registration, blank application for 70 1 — State Board of 76 18 — to close thirty days before election; this time limit not applicable to contests, revisions and transfers 75 16 — denial of, remedy for 72,73 5 — disqualification from 73 6 —of voters 69-71, 76, 77 1, 16, 17, 21 Regulation of hours of labor and working conditions, women and girls 15 7 Rehearings, applications for, how considered and decided by Supreme Court 36 5 Rejected measures, how proposed again in Legislature.... 9 23 Release of debt to State, etc., forbidden 16 13 Religion, freedom of, safeguarded 1 4 Religious purposes, aid for, prohibited 15 8 Remedy, adequate, every persons to have 2 6 — for recovery of illegal tax, Legislature to provide. 88 IS Remonstrance, right of petition or 1 5 Removal from office of judges of Supreme Court 79 4 — of judges of courts of record, other than Supreme Court 79 S — of officers, except Governor or acting Governor by address of Legislature 79 3 — of officers, except Governor, Lieutenant Governor and judges of courts of record 79, 80 6, 7 — successful defendant in suits for, to recover costs and attorney's fees 80 7 — of registrars of voters, power of, vested in State Board of Registration 76 18 Removal of voter from one precinct to another in same parish; right of such voter to register 77 21 Removal suits, citation in; preference of over other cases; appeals in 80 7 not to work suspension from office, ipso facto, but only by judgment after hearing; such judgments appealable 80 7 Reporting and publication of decisions of Supreme Court and Courts of Appeal 42 17 Reports of business of inferior courts, Supreme Court may require • ■ • 41 12 Representation in political conventions based on popula- ^ ^ ti°n " , , — in House " Representatives, apportionment of » ■ —apportionment of, when changed 6 • — compensation of * J* — disqualification from certain offices * K 26 ALPHABETICAL INDEX Page Sec. Representatives, immunities of 8 13 — number of 6 5 — qualifications of 7 9 — terms of 7 9 — vacancies 7 8 Reprieves 18 10 Reputation, remedy for injury to 2 6 Residence, change of, vacates seat of senator or repre- sentative 7 9 — when not gained or lost, for purpose of voting 74 11 Restrain collection of taxes, Legislature to provide against process to ; 88 18 Restrictions on corporate holdings of real estate 97 1 Retirement fund for teachers 97 1 — of judges 38 8 Returns of elections, to whom made. 75 14 — of Governor and Lieutenant Governor 17 2 — of members of Legislature 7 10 Revenue and Taxation (Article X) 80-89 1-21 — bills, origin of revenue or appropriation 9 22 Review of judgments of Courts of Appeal by Supreme Court 40,41 11 Revival or amendment of any law 8 17 Riparian owners, rights of, in certain municipalities 113 30 Road districts, assumption of debt of, by parish 104 14 — bond issues by -.102 14 — creation of 102 14 — taxes imposed by 33 20 Rolling stock of non-resident owners, how assessed and taxed 88 16 Rooms for Courts of Appeal 46 28 Rotation, members of Supreme Court to sit by, in divi- sions 36 6 Rules of practice in Courts of Appeal. 45 27 s Sabine parish, police jury of, may levy additional tax for court building g5i 86 10 Salaries and expenses of judges sitting in courts other than their own 41 42 13 — of district judges '48 35 — of executive officers ' 21 20 — of justices of the Supreme Court 37 6 — of public officers, how changed 12 34 Sales for taxes, time limit for annulment of; exception. .86 87 11 Schedule (Article XXII) 124-127 School boards and superintendents, parish 93 10 School funds, public, to consist of what; how distributed to parishes g4 14 — districts, bonds issued by " .'101 14 —tax, Orleans parish, levy and collection of; certain portion to be used for school buildings 95 ig — tax, parish "[' 94 lg Schools, private or sectarian, no public funds to be used ' for ' ■ : 93 13 — public, exercises in, to be conducted in English language 93 -„ — public, municipal tax for '.'.'.'.'.. 94, 95 15 Searches and seizures ' o Seat of government \[ 118 9 ALPHABETICAL, INDEX 27 Page Sec. Second City Court of New Orleans, pleadings in 66 92 — jurisdiction, officers 66 92 Secrecy of ballot to be safeguarded 75 15 Secretary of State, acts as Governor, when 18 6 — clerical expenses of 22 20 — election and term 21 18 —fees collected by 22 20 — insurance department 22 20 —salary 21 20 — vacancy 21 18 Sectarian schools, no public funds to be used for 93 13 Sect, public aid to, forbidden 15 8 Security for public deposits, obligations of Orleans Parish School Board, under Article XII, Sec. 16, to be 96 16 Seizu re, searches and 2 7 Self-incrimination 3 11 — in bribery cases 120 13 Seminary fund, debt of State to, provided for 97 20 Senators, apportionment of; how changed 6 — compensation of 8 14 — disqualified for certain offices 8 12 — immunities of 8 13 — number of *> 4 — number of necessary for conviction in impeach- ment trial 78 2 — qualifications of T — term of 7 9 — vacancy 7 6 9 Senatorial districts ■ 4, 5, 6 4 Sentences by mayors, recorders or municipal courts, ap- peals from, to District Courts 49 36 Separate schools for white and colored children. . 91 1 Service of citation, no waiver of, prior to maturity of ob- ligation, except for executory process 51 44 —as judge counted in determining eligibility of judge or justice 50 39 —of process by litigants themselves, Legislature may provide for • • • • • ■ • • •• • ■ • •••. • • ■ 5S " Servitudes of way acquired by prescription by the public. . 106 16 Sessions of Courts of Appeal, time and duration of 44 24 —of District Courts, parish of Orleans excepted 50 *6 —of District Courts, parish of Orleans 50,51 4d —of District Courts not to interfere with Courts of . 4u Ao Appeal 42 14 — of Supreme Court Sessions of Legislature, consideration of emergency meas- ^ g ures Y 8 —date and duration of •• —period for introduction of new matter ^ J S everaTc^on e n^l-resour;e;-by State', not by "par- ish or other local subdivision • • • M. 89 -taxes, existing laws relating to, operative pending ^ ^ other enactments • • • , ... „q Sewerage and Water Board, New Orleans .108 M Sewerage districts, bonds issued by ^ u SherifTaTeTofffcio "tax "»^^^[ "T™. 56 — when discharged 28 ALPHABETICAL INDEX Page Sec. Sheriffs, compensation of 58,59 73, 74 — and clerks to serve in Courts of Appeal 45, 46 28 Signing of bills after passage 10 26 Sixteenth sections of lands granted by Congress for public school purposes, proceeds of, how treated 96, 97 18 Soldiers' Home 117 1 Southern U n i versity 93 9 Southwestern Louisiana Institute of Liberal and Technical Learning : 93 9 Special assessments on real property for works of public improvement may be levied, under legislative au- thority, by municipalities or other subdivisions ... 87 13 Special laws prohibited 13 4 — permissible, how passed 14 6 Special taxes for works of permanent public improvement. and for schools; limitation and duration 85 10 Speech, freedom of 1 3 State and national governments, constitutional systems of, to be taught in elementary schools 91 3 — cannot loan, pledge or grant funds, etc. ." 16 12 — cannot operate private business 16 12 — election, general State, when held 73 9 —highways, vehicles taxed for, exempt from parish and municipal license tax 88 17 — library 42 16 — of Louisiana, the, in process and prosecutions 35 1 —Superintendent of Public Education 92 5 — taxation, rate of, limited 81,82 3 — taxes, collection of, and State tax sales, provisions regulating, applicable to local taxes 87 14 State Board of Education, duties and powers of 91-93 4-11 —how composed; appointment, election, terms, or- ganization 91 4 5 —services gratuitous, except per diem and traveling expenses 91 i — to have visitorial powers over Louisiana State University and A. and M. College 92 7 — to supervise directly higher educational institu- tions, except Louisiana State University 93 9 State School for Blind Negroes 93 9 -for Deaf Negroes 93 9 93 9 9 5 17 -for the Blind. — for the Deaf ] 93 State Superintendent of Public Education 92 Stenographers for Supreme Court 42 Stock of corporations to be issued only for value received; issuance of fictitious stock ground for forfeiture of charter 97 go * Straight ticket, device for voting, in popular elections ' 75 15 Studies to be taught in elementary schools. '. 91 3 Style of laws 7 ~ — of process 35 , —of prosecutions 35 -, Subdivisions of State, authority to incur debt and issue bonds 101 14 — limit to bonded debt 103 14 — period, interest and sale of bonds 104 14 — refunding of outstanding debts 103 14 Substitutions, creation of prohibited lg ls Suffrage and Elections (Article VIII) ....69-7. l-gj ALPHABETICAL, INDEX 29 Page Sec. Suit for removal from office, successful defendant in, to recover costs and attorney's fee 80 7 —against the State, procedure and effect of judg- ment 12 35 Suits for removal. not to work suspension from office ipso facto, but only by judgment after hearing; such judgments appealable 80 7 Superintendents, school 93 10 Superintendent, State, of Public Dducation 92 5 Supervisor of Public Accounts, audit of accounts of Board of Commissioners of the Port of New Orleans. ... 31 16 — audit of records of contingent expense committee. 10 28 Supplies by lowest bidder 11 30 Supreme Court, authorized to call on judges of other courts to sit 36 4, 5 — clerks of 42 15 — conclusions of, to be reached before opinion writ- ten 37 6 — congested docket in, how disposed of 36 5 — decisions of, how reported and published 42 17 — districts, division of State into 38, 39 9 — districts, justices accredited to 37 7 — election of justices of 37,38 7 — how composed 36 4 — judges of, how removed from office 79 3, 4 —jurisdiction of 39, 40 10 — may assign district judges to serve pro tempore in courts of appeal 46 30 — may issue certain writs 35, 36 '-'. — may provide for assignment and interchange of district judges '• 4i 12 — may require reports and direct investigation of business of inferior courts 41 I :' — may review judgments of Courts of Appeal 40, 41 11 — may sit in divisions 36 5 > 6 — number necessary to render judgment 36 4, 5 — number necessary to render judgment when sit- ting in divisions 36 — qualifications of justices of 37 —questions of law may be certified to by Courts of Appeal ,.. ,r, — records of —salaries of justices of *' ° - 42 14 — sessions of • • ; —shall regulate order of preference for trial of ap- . 42 18 peals 17 —stenographers for —terms of justices of • * ' ° —who to preside in, when sitting in divisions is < Survey of real prpoerty, Legislature may provide for, for assessment and taxation ..si, as <*u«ension of officers, except Governor and acting Gov- SUSP ernor, by impeachment proceeding; offices, how filled pending decision • • • • • < B ^» g Z° t officers' in charge of public f unds. ... . 80 * —of officer, vacancy caused by, how filled 80 -not to result from suit for removal, except by ac- . tion of trial court, after contradictory hearing. . . 80 ^ System of laws, how adopted 6 45 25 ALPHABETICAL, INDEX T Page " Sec. Taxation for parochial purposes in cities and towns. ...'. .100 8 — for public purposes only 81 1 — municipal for public schools 94,95 15 — power of may be exercised by public corporations and boards ; limitation 83,84 5 — power of, not to be surrendered, suspended, etc. .80, 81 1 — power of, vested in Legislature 80 1 — property exempt from 82, 83 4 — rate of State, limited 81,82 3 — uniformity of 81 1 Tax adjudications to State of immovable property for taxes due prior to January 1, 1880, ineffective un- der certain circumstances; unpaid taxes still col- lectible 88 20 — assessor 100 9 — collections for local political subdivisions may be by parish tax collector 84 " 6 — deeds receivable in evidence as prima facie valid sales 86 11 — elections, general provisions regarding elections, inapplicable to 75 15 — illegal, Legislature to provide remedy for recovery of 88 18 — municipal, limit of 101 12 — sales, not to be annulled because of payment of taxes on part, or exemption of part, of property sold, when taxes were due on part sold. . .' 86, 87 11 — sales, time limit for annulment of; exception. .86, 87 11 — school, parish 94 15 — school, Orleans parish, levy and collection of; cer- tain portion to be used for school buildings 95 16 — titles, proceedings to quiet . . 87 n Taxes, collection of, how enforced \ , .86-88 11, 14, 18 — collection of, how enforced •. . . .104 ' 14 — exemption from municipal authorized until De- cember 31, 1925, of $4,000 of value of homes, in certain municipalities 88 19 — local and special, for works of permanent public improvement, and for schools; limitation and du- ration 85 10 — on certain banks 84,85 9 — on movables, how collected ' 87 11 —process to restrain collection of, Legislature to provide against g§ lg —severance, on natural resources — by State, not by parish or other local subdivision '. . .88, 89 21 Taxpayers to have right to test in court correctness of' assessments 31 ■> ■ — as voters, qualifications of .72 3 Teachers, retirement fund for. 97 2 3 Term, legislation during, not to affect judges '. '. '. '. 50 40 — of senators and representatives 7 9 Terms of executive officers 21 18 —of justices of Supreme Court 37 g Testifying against oneself,. ' 3 j> — in bribery cases 120 13 Testimony in cases involving free passes, etc., to officials. 121 15 — in election cases not to be withheld on ground of self-incrimination, but not to be used against wit- ness, except for perjury in giving it 77 19 ALPHABETICAL, INDEX .31 Page Sec. Ticket, straight, how voted 75 15 — other than straight, how voted 75 15 Time of service as judge counted in determining eligibility of judge or justice 50 39 Title, law cannot be amended or revived by reference to. . 8 17 • — of law must express one object 8 16 Titles, tax, proceedings to quiet 87 11 Town, withdrawal from tax jurisdiction of parish 100 7 Towns, limit of taxation for parochial purposes in 100 8 Treason, definition of 118 3 — evidence necessary for conviction 118 3 — pardon for 19 10 Treasurer, State, cannot succeed himself 21 19 — clerical expenses of 22 20 — duties in relation to Board of Commissioners of the Port of New Orleans 30, 31 16 — election and term 21 18 —salary 21 20 — vacancy 21 18 Trial by jury 2 9 — without jury 2 9 Trials in District Courts on appeal from sentences by mayors, recorders, or municipal courts, to be de novo and without juries 49 36 Trust estates, creation of prohibited; exception 17 16 Trusts, monopolies and, prohibited 120 14 Tulane University recognized, in accordance with Act 43 of 1884 97 24 Tutorship of minors, suits involving, within appellate jur- isdiction of Supreme Court 40 1« u Unconstitutional, where law of State or of political sub- division or board declared, case appealable to Su- preme Court ■|° X * Uniformity of taxation 81 V Vacancies in office of district judge, district attorney, sheriff, or clerk, how filled • • ■ • ■ • • • • • • - • » ' »' —in certain offices, parish of Orleans, how filled... 66 93 Vacancy, caused by suspension of officer, how filled . ... 78, 80 2^7 — Governor's power to fill „ —in Court of Appeal, how filled ** ig — in executive offices g — in Legislature • ■ • ■ ■ • • • .. _in office of Attorney General, how filled. ■■■;■••■• ^ -in office of Chief Justice of Supreme Court, how ^ ? filled ' ' ' ' 1 eg 72 —in office of coroner, how filled »» ' —in office of Governor • • •' —in office of Lieutenant Governor 18 » —in Supreme Court, how filled ■*<■ s* Valuation and classification of property for purposes of State taxation to govern for local purposes; local authorities may adopt different percentage of val- ,. . . . 81 X uation 56 gg ALPHABETICAL INDEX Page Sec. Value of real estate, exempt and taxable, to be the actual cash value 87 12 Vehicles taxed for State highways exempt from parish and municipal license taxation 88 17 Venue 2 9 — change of, Legislature to provide for 51 45 Vested rights, divestment of 1" -^ Veto by Governor 20 15 — of items in appropriation bills • 21 16 Vote of legislator must be disinterested .11 29 — right to, how regulated, after January 1, 1922. . . .69-78 1-23^ Voter not qualified at time of registration may register, if qualified to vote at time of election 75, 76 16 Voters, qualifications of 69, 72, 74, 75 1-4, 6, 11, 16, 21-23 Voting, absentee, other than by mail, to be provided for. . . 77 .22 — by proxy not allowed 72 '3 —disqualification from 73, 77, 78 6, 23 — of straight tickets or tickets other than straight.. 75 15 w Wages,- minimum, for females j 15 7 Waiver of jury by defendant and trial by judge 50 42 — of service of citation not permitted before ma- turity of obligation; exception , 51 44 Wards for election of justices of the peace, parishes out- side Orleans may be divided into 51 46 Warrant for searches and seizures 2 7 Water transportation lines, aid to 106 19 Waterworks, aid to 106 19 Weapons, concealed 2 8 Witnesses in criminal prosecutions 2 9 Women, jury service optional with 50 41 Workmen's compensation law, cases under, not within jurisdiction of Supreme Court 39 10 Worship, freedom of 1 4 — preference for any form of prohibited 15 8 Writ of habeas corpus 3 13 Writs issuable by Supreme Court, Courts of Appeal and district judges 35,36 2 — refusal of, appellate courts to give reasons for.. 36 2 Written findings of fact and reasons for judgment, dis- trict judges to give, in certain civil cases 51 43 Yeas and nays, how ordered 9 21 — on amendments 9 25 — on final passage of bills 9 24 — on reports of conference committees 9 25 Zones, municipal 113 29 Zoological garden, city of New Orleans may levy special tax for, with consent of property taxpayers 85 10 Date Due Vi 'JVC? W *i / f PRINTED IN U. 5. A. C**f CAT - NO. 23233