St. Avid v. Weimprender
St. Avid v. Weimprender
Opinion of the Court
delivered the opinion of the court. The plaintiff moved the court of th€ first district to dissolve an injunction, which the defendant, without, giving any security had ob tained on the 12th of February last. He shewed that, on the same day, there was lodged, by order of the governor, in the office of the clerk of that court, the copy of a law, approved on the 20th of January, which inhibits the grant of an injunction, without taking security.
The defendant resisted the dissolution, shewing that the injunction could well be granted, without taking surety, as acts of the legislature are not in force in the parish of Orleans, in which the court of the first district sits, till three days after their promulgation.
The court below overruled the objection, considering that "acts of the legislature are in force, in the parish of Orleans, three days after the approbation of the governor, and, in the other
To this opinion the defendant excepted and the present appeal is taken on the bill of exceptions.
Before the civil code, the precise time, on which the laws of the state were to begin to have effect, not being determined by any positive law, it was holden that their effect begin as soon as they had received the governor's signature. The coder tells us, that as the laws cannot be obliga' tory without being known, they shall be pro. mulgated by the governor. Civil Code 2, art. 4.
The promulgation here spoken of Is a means of making the laws known-the subscription of the governor's name to an act goes but a very little way towards making it known. It. object is to sanction it, and it would be vain to order as enact of promulgation, one which was indispeneable to the confection of the law. The con
After directing the promulgation, we are to expect that the code should inform us of the mode of promulgating; and in the same article, immediately after the injunction to promulgate, we find it said that the laws shall be directed to the authorities, in the form and manner which is or may be prescribed, to insure their utmost poublicity. This is to be effected by sending manuscript or printed copies to the officers, or by publication through the news papers-in neither case is the governor's personal agency absolutely required. He may direct the sending or publishing the copies, and the cole imposes no other obligation but that of seeing it done. If the legislature appointed a printer and made it his duty to print and send copies, or directed any officer to transmit the laws, the governor is
To interpret the code, so as to nuder the signature of the governor a sufficient promulgation would be to adopt the cursed exposition which corrodes the viscera of the text.
With regard to the law alluded to in the bill of exceptions, we notice, annexed to the copy sent by the governor, a resolution of the legislature, bearing date of the 1st. of February, when three full days had passed since the law was signed by the governor. (and when, according to the construction of the district court, it was not only promulgated but already in full force in the parish) requesting in to have printed in the shortest possible delay 150 copies of it, and to promulgate the same by forwarding Immediately to each of the clerks a copy of said law.
We therefore conclude that the district court erred, considering the law as in force in the parish of Orleans, three Jays after the governor's approval of it, and as there is no evidence before us of any other promulgation, than the transmission of the copy, to the clerk of the
It is ordered, adjudged and decreed, that the order of the district court dissolving the injunction, be annulled, avoided and reversed, and that the court he directed to reinstate it and grant. a new writ of injunction, if needed, and proceed in the cause as if the injunction had not been dissolved, and it is further ordered that the plaintiff and appellee pay costs in this court.
Reference
- Full Case Name
- ST. AVID v. WEIMPRENDER
- Cited By
- 3 cases
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- Published