
    (46 South. 679.)
    No. 16,954.
    DARBONNE et al. v. VILLAGE OF OBERLIN.
    (May 25, 1908.)
    Intoxicating Liquors — Local Option Election — Contest.
    In the absence of statutory authorization, the courts are without jurisdiction ratione materia in the matter of contesting elections. Thus far the Legislature has not authorized the judiciary to pass upon the conduct of local option elections.
    (Syllabus by the Oourt.)
    Appeal from Fifteenth Judicial District Oourt, Parish of Calcasieu; Edmund Dennis Miller, Judge.
    Action by Z. Darbonne and others against the village of Oberlin. Judgment for defendant, and plaintiffs appeal.
    Affirmed.
    Mitchell & Young, for appellants. Williams & Williams, for appellee.
   LAND, J.

This suit was instituted by two saloon keepers of the village of Oberlin, to contest the result of a local option election held in said village on October 15, 1907.

The defendant excepted that the court had no jurisdiction ratione materite. This exception was sustained, and the suit was dismissed.

The petition shows that the complaint is leveled (1) against the action of the election commissioners in receiving and rejecting votes, and (2) against the action of the town council in canvassing the returns and promulgating the result. The vote as returned was against licensing the sale of intoxicating liquors. Plaintiffs made their contest before the town council, but by the action of that body a majority still remained in favor of prohibition. Plaintiffs’ prayer is that the election and returns be declared null and void, or that the returns be purged and counted so as to show a majority in favor of license.

It is admitted that there is no statutory authority for a contest of this kind, but it is strenously argued that the right exists on general principles.

The jurisprudence of this state is otherwise. State v. Judge, 13 La. Ann. 89; State ex rel. Woodruff v. Police Jury, 41 La. Ann. 846, 6 South. 777; State ex rel. Davis v. Police Jury, 43 La. Ann. 1009, 10 South. 359; Taxpayers v. O’Kelly, 49 La. Ann. 1040, 22 South. 311; State ex rel. Reese v. Foster, Judge, 111 La. Ann. 1090, 36 South. 200. See, also, Hagens v. Police Jury of Caddo Parish (this day decided) ante, p. 633, 46 South. 676.

Judgment affirmed.  