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View all 14 Locations. KW I went there last night and was helped by their friendly staff. View all 48 Locations. Limeberry-Graham Restaurants Yogurt. Purdy's Public House Restaurants. Culpeppers Restaurants. Please give us a call at We specialize in authentic Italian cuisine. All of our gourmet sauces are homemade by our chefs and you will fall in love with our house crafted pizza crust topped with only the freshest of ingredients! We slow roast our prime rib and prepare our steaks to perfection. Seafood is also a passion at Amici. At the outset of the discussion arising upon this argument, it may be remarked that the majority in favor of Amendment No.

Cooley, the most eminent writer on Constitutions and the jurisprudence which makes them effective, has said:. The people of the Union created a national constitution, and conferred upon it powers of sovereignty over certain subjects, and the people of each State created a State government, to exercise the remaining powers of sovereignty so far as they were disposed to allow them to be exercised at all. By the constitution which they establish, they not only tie up the hands of their official agencies, but their own hands as well; and neither the officers of the State, nor the whole people as an aggregate body, are at liberty to take action in opposition to this fundamental law.

Writer's italics. The general rule governing the restraints which the people have placed in their Constitution upon themselves, their officers, agents and representatives, is set forth in 16 C. The above rule has been announced and followed in a number of cases decided by both federal and state courts. Thus, in Duncan v. In disposing of the argument that a favorable vote by the electorate on a proposal to amend the constitution cures antecedent failures to observe the commands of the constitution with respect to the formulation or submission of such proposals, the Supreme Court of Alabama, in the case of Johnson v.

Speer, Ky. The question under discussion was also considered by the Supreme Court of Iowa in Koehler v. Hill, 60 Iowa , 14 N. The court, in holding that a proposed constitutional amendment improperly submitted was not validated by the favorable vote of the electors, expressed itself in these words: "It matters not if not only every elector, but every adult person in the state, should desire and vote for an amendment to the constitution, it cannot be recognized as valid unless such vote was had in pursuance of, and in substantial accord with, the requirements of the constitution.

Hilton, 69 Cal. We know of no textwriter on Constitutional Law, nor of any decision by the highest court of any of the states that questions the soundness of the above mentioned rule. On the contrary, every well-recognized authority and every decision on the subject concede, not only the soundness of, but the absolute necessity for, the rule that once the people have agreed on the method to be followed in effecting changes in their fundamental law, they are powerless to alter the terms of their agreement except in the manner provided in the agreement itself.

It is asserted on behalf of relators that if this Court maintains respondents' contentions, it will be the first time in its history the Court has held that a constitutional amendment, approved by the vote of the people, is unconstitutional. But everything must have a first time, as is forcibly illustrated by the fact that it is the first time a proposal, embracing such a drastic change in our fundamental law, as the one under review, has been submitted to the voters.

It is also the first time that the Legislature, in submitting a proposed constitutional amendment, has failed to comply with two of the essential requirements of the Constitution itself. While this Court never has had occasion to declare a constitutional amendment unconstitutional, it has had occasion to declare unconstitutional a clause embraced in a Constitution regularly adopted by a Convention called by the Legislature for that purpose, subject to certain restrictions set forth in the legislative act. Article of the Constitution of amended and re-enacted Article of the preceding Constitution of Article of the Constitution of was attacked as unconstitutional in the case of State v.

American Sugar Refining Co. The suit was one instituted by the district attorney for the Parish of Orleans, acting under the instructions of the Governor of the State of Louisiana, against the American Sugar Refining Company, because of its alleged long and persistent violation of the anti-trust and anti-monopoly laws of the State of Louisiana and particularly of its conspiring to force down the price of raw sugar, an important agricultural product of the State, and to enhance the price of refined sugar for purely speculative purposes. The ground of attack on the constitutional article was that it enlarged the duties of the district attorney in violation of the constitutional prohibition against changing the provisions of existing laws relating to or affecting the term of office, duties, or compensation of any existing officer.

Notwithstanding it is a well settled rule of constitutional law that the authority of the constitutional convention is plenary, even though, as is held in many jurisdictions, the statute providing for it undertakes to limit its powers, this Court held that Article of the Constitution of was invalid so far as it attempted to authorize the district attorney to institute the suit on the part of the state.

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Hall v. Godchaux, La. In that case, Judge Godchaux received a substantial majority of the votes cast, which, in the absence of a contest, would have made him the party nominee. However, his right to the nomination was challenged by one of his opponents, on the ground that he was not a qualified elector as required by the Constitution and laws of this State.

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Judge Godchaux, on the other hand, asserted that he only maintained a summer home at Pass Christian and that his legal domicile was in the City of New Orleans. While not holding that Judge Godchaux was a resident of Mississippi, this Court held that he was not a qualified elector of this State, and, therefore, he was "precluded from receiving the nomination for the place which he seeks. The Court, in passing upon defendant's contention that plaintiff was without right to contest the nomination, expressed itself as follows: "We think it could hardly be said that one who was in no wise eligible, either because of his residence or of having in no sense otherwise complied with the law by filing his declaration, etc.

If the vote of the people in that case was not sufficient to validate Judge Godchaux's nomination, by the same token the vote of the people in this case was not sufficient to validate the proposed constitutional amendment. Our apology for this lengthy opinion is to be found in the importance of the questions presented — questions which so vitally affect the organic law of this State and the relationship that exists among all the departments of the state government.

The reluctance of the Court to declare an ordinary enactment of the Legislature void, because it is in conflict with the Constitution, is intensified in a situation like this which requires the Court to declare an attempted constitutional amendment invalid, because it was not proposed in conformity to the fundamental law. In the determination of the difficult and delicate questions presented, this Court is animated solely by the desire to discharge its solemn duty to enforce the Constitution as the paramount law — a law which is as binding on the Court as it is on the Executive Officers, the members of the Legislature, and the people themselves.

Our conclusion is that Act of is without effect, because it was not constitutionally adopted, and therefore the trial judge was warranted in issuing the preliminary injunction under review here. After a constitutional amendment has been proposed and submitted to the people by a vote of not less than two-thirds of the members elected to each house of the Legislature, and after the amendment has been adopted by a majority of the people voting in a general election held throughout the State, no court of justice should have authority to annul the amendment on the ground that there was an error or omission in the procedure preceding the submission of the amendment to the people, or on the ground that the amendment should have been proposed and adopted in the form of two or more amendments, instead of being proposed and adopted as one amendment.

The constitutional amendment which is being annulled by this decision — and which was introduced in the Legislature as House Bill No. The House calendar on pages and shows that the vote in the House of Representatives, on final passage of this proposed constitutional amendment, was 90 yeas to no nays. And the Senate calendar on pages and shows that the vote in the Senate, on final passage of the bill as amended, was 35 yeas to 3 nays. This proposed amendment, with twenty-seven other proposed amendments which were adopted at the same session of the Legislature, was published by the Secretary of State in sixty-four local newspapers throughout the State, with the announcement that the proposed amendment would be submitted to the voters for their approval or rejection at the election to be held on November 5, The publication was made twice within the period not less than thirty days nor more than sixty days previous to the election; and the publication appeared in the sixty-four local newspapers published, respectively, in each and every one of the sixty-four parishes in the State, as provided in Article 21 of the Constitution.

Every voter in the State, therefore, knew or had every possible opportunity to know that this proposed constitutional amendment, with the twenty-seven other proposed amendments, would be submitted to the voters for their approval or rejection at the general election to be held on November 5, My understanding of Article 21 of the Constitution is that proposed constitutional amendments cannot be submitted to the electors for their approval or rejection at any other election except "an election for Representative in the Legislature or in Congress. There would be no reason for requiring that a constitutional amendment shall be published not less than thirty days nor more than sixty days preceding a general state election or congressional election unless the requirement means that the publication shall be made not less than thirty days nor more than sixty days preceding the general state election or congressional election at which the amendment is to be submitted to the electors for their approval or rejection.

The session at which the Legislature adopted the joint resolution proposing the constitutional amendment which we are now considering adjourned on July 11, The next election for representatives in the Legislature or in Congress was the presidential election held on November 5, If the constitutional amendments which were proposed in the session of the Legislature of had not been submitted to the electors at that election, the amendments could not have been submitted for a period of two years thereafter; that is, until the congressional election to be held in November, That is why the Secretary of State published all of the twenty-eight proposed amendments with the declaration that they would be submitted to the voters at the congressional election to be held on November 5, If the Secretary of State had withheld this proposed amendment from the batch of twenty-eight proposed amendments, and had published to the world that this proposed amendment would be submitted to the voters at some other election than that at which the twenty-seven other amendments were to be submitted, the action of the Secretary of State, with regard to this amendment, would have been wrong, and subject to complaint, if not in fact fraudulent.

But the Secretary of State submitted this amendment at the election which — no one can doubt — the Legislature would have designated if the Legislature had not neglected accidentally to designate the election.

It is said in the prevailing opinion in this case that the reason why the date of the election was omitted by the Legislature "is left purely to conjecture, since the record is silent on the point". I have no doubt whatever that the omission was an accident. The record discloses — and it is conceded in the prevailing opinion in this case — that the total number of votes cast for or against this amendment was ,, and that there was a majority of 6, votes cast in favor of the amendment; the vote being , for and , against the amendment. The fact that the majority in favor of the amendment was comparatively small is a matter of no importance except perhaps to show that the voters manifested a keen interest in this amendment.

The important fact is that the total number of votes cast for or against the amendment was far above the average total number of votes cast for or against all of the amendments that were adopted at that election.

This amendment was No. The average total number of votes cast for or against each amendment that was adopted on that day was ,; which was 5, votes less than the total number of votes cast for or against amendment No. The total number of votes cast for or against amendment No.

No 1 was the amendment which abolished the poll tax registration; No. Nobody would have observed the date in the amendment if it had been there. And it is certain that nobody was deprived of his right to vote for or against this amendment by the neglect of the Legislature to designate the date of the election in the amendment itself.

For that reason the complaint of the six taxpayers in this case that the Legislature failed to designate the date of the election in this constitutional amendment would not be a sufficient cause of action even if the suit had been brought to enjoin the submission of the amendment. The other ground on which the court is now annulling this constitutional amendment is the charge that the Legislature, in submitting the amendment, violated this provision in Article 21 of the Constitution, namely:.

That does not mean that each and every change that may be made in an amendment of the Constitution shall be the subject of a separate and distinct proposal, or separate joint resolution of the two Houses of the Legislature. It means, primarily, that, when two or more proposed amendments, or joint resolutions, appear on the same ballot, they must be arranged so that a voter can vote for or against any one of them separately. And in such cases the courts may correct the error if it is complained of by way of an injunction to prevent the Secretary of State from printing the proposed amendment on the official ballot, as in the case of Kerby v.

But the members of the Legislature, first of all, and necessarily, must exercise their judgment, when several changes in the provisions of the Constitution are proposed to be made at one time, and must decide whether the several proposed changes in the Constitution are so dependent upon each other that they ought to be submitted as one amendment, or are so independent and disconnected that they ought to be submitted as separate amendments.

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And when the Legislature has decided, in any given case, by the vote of two-thirds or more of the members of each House of the Legislature, that it is better that a proposed amendment should be submitted as only one amendment, and not as two or more separate amendments — and when a majority of the people by their votes have ratified and affirmed that decision — no court of justice should have the right to question the wisdom of it.