Andrews v. Blackman 59 So. 769 131 La. 355, 59 So. 769 (Cite as: 131 La. 355, 59 So. 769) Supreme Court of Louisiana. ANDREWS v. BLACKMAN. No. 19,633. Oct. 3, 1912. Appeal from Thirteenth Judicial District Court, Parish of Rapides; G. H. Couvillon, Acting Judge. Contest by James Andrews of the nomination of Wilbur F. Blackman at the primary election for the judgeship of the Thirteenth judicial district. From a judgment for the defendant, plaintiff appeals. Affirmed. West Headnotes Elections 158 144k158 Most Cited Cases Irregularities in conduct of a primary election, not preventing free and honest expression of will of voters, will not affect the validity of a nomination. Elections 158 144k158 Most Cited Cases Act No. 198 of 1912, § 2, amending Act No. 49 of 1906, § 1, does not affect the validity of primary elections as affected by irregularities in their conduct. *356 **769 Andrews & Hakenyos, Hundley & Hawthorn, and R. H. McGimsey, all of Alexandria, for appellant. Blackman & Overton, Mims & Dawkins, T. A. Carter, and H. B. Gist, all of Alexandria, for appellee. Statement of the Case. MONROE, J. At a Democratic primary election held in the Thirteenth judicial district on September 3d of this year, plaintiff and defendant were opposing candidates for the nomination to the judgeship of the district court, and it having been made to appear through the promulgated returns, that defendant had received a majority of the votes cast, and was therefore the Page 1 nominee, plaintiff instituted this suit and contest, on the grounds (stated in substance): That no set of returns of the election were delivered by the commissioners to the chairman of the Democratic committee of the district, and no effort to obtain such a set was made by him; that the chairman did not convene the committee to receive the tabulation of, together with, the said returns, and that neither he nor the members of the committee were present at the place of meeting at the appointed time; but that, late in the afternoon of September 7th, certain persons, holding proxies from said chairman and members, assembled as, and assumed to discharge the functions of, the committee; that *357 the committee, as thus composed, obtained, from the office of the sheriff of Rapides parish, certain papers purporting to be returns from serveral boxes in Grant parish (the district, it may be stated, being composed of the parishes of Rapides and Grant), but, finding that other returns from Grant parish, and all the returns from Rapides were missing, adjourned until September 9th, in order to get them, and then obtained an order from the judge of the district court (defendant herein) authorizing them to get the ballot boxes, containing the returns from the several precincts of the parish of Rapides; that having procured and gone into said boxes, and having obtained the missing returns from Grant parish, said committee tabulated the votes and promulgated the result of their work, showing that defendant had received 1,609 votes and plaintiff 1,302, and declaring defendant the nominee; that all the proceedings thus set forth were illegal and void for this: This the law requires a sealed set of the returns to be delivered to the chairman of the committee in person, requires the chairman to tabulate same and present his tabulation, with the returns, to the committee, and confines the committee, in the discharge of its functions, to said tabulation and returns; that there could be no meeting of the committee without the chairman, and no meeting where the members were not actually present, but were represented by proxies; that the judge of the district court, being himself a candidate, could make no order pertaining to the count or promulgation of the result, and should have recused himself; that no returns were made from Rapides parish, and no tally sheets were made or sworn to, as the law requires, or delivered to any one authorized to receive them; that the returns from Grant parish, 135 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.