Opinion

Graham v. Jones

  • 198 La. 507
  • 3 So. 2d 761
  • 1941 La. LEXIS 1146
Court
Supreme Court of Louisiana
Filed
Jun 30, 1941
Status
Published
Author
O'Niell
On the bench
Rogers, O'Niell, Odom
Cited by
54 cases

affirming the right of the judicial department generally to review whether the legislature has complied with constitutional requirements in attempting to amend the constitution

How later courts described this case

  • affirming the right of the judicial department generally to review whether the legislature has complied with constitutional requirements in attempting to amend the constitution
  • taxpayer may attack statute which exempts persons or property from taxation

Written by the judges who cited it.

The opinion

O’NIELL, Chief Justice

(dissenting).

Adhering to my original opinion in this case, I am constrained to dissent from the refusal of the court to grant a rehearing. I do not consider the paragraph which is quoted from Washngton's Farewell Address, in the statement per curiam in this case, as being applicable to any issue in this case, although I did consider it applicable in a case where I once quoted that paragraph from Washington's Farewell Address in support of the proposition that Article 2 of the Constitution of Louisiana, which forbids any person or collection of persons holding office in any one of the three departments of the government to exercise any power properly belonging to either of the other departments, is self-operative as a prohibitory law, and not merely declaratory of a general principle. The subject which is dealt with in that paragraph of Washington's Farewell Address is .the importance of preserving the independence of each one of the three departments of government — legislative, executive and judicial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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