Joint Legislative Committee of the Legislature v. Strain

DIXON, Justice

(concurring in part and dissenting in part).

I concur in that part of the majority opinion which holds that the Court of Appeal is without jurisdiction over an appeal from a conviction of contempt of the legislature.

However, I must respectfully dissent from affirming the conviction.

There is little doubt, in my opinion, that the legislature could constitutionally provide for the punishment of a member in the manner provided in the concurrent resolution here involved, under the grant of power of Article 5, § 17 and Article 3, § 10 of the Louisiana Constitution of 1921.

But the legislature made no such provision. Its only reference to contempt punishment cited Article III, Section II, which we believe means Article III, Section 11, which deals only with punishment of non-members of the legislature. This reference, and the failure to mention the punishment of members under Article 3, § 10, is convincing that the legislature did not intend that this committee be delegated the power to punish a member for contempt. The judgment of the district court ought to be reversed.