John B. Fournet
|John Baptiste Fournet|
|Louisiana State Representative from St. Martin Parish|
|Preceded by||J.H. Heinen|
|Succeeded by||John T. Hood|
|Speaker of the Louisiana House of Representatives|
|Preceded by||William Clark Hughes|
|Succeeded by||Allen J. Ellender|
|35th Lieutenant Governor of Louisiana|
|Governor||Oscar K. Allen|
|Preceded by||Alvin O. King|
|Succeeded by||Thomas C. Wingate|
|Associate Justice, Louisiana Supreme Court|
|Chief Justice, Louisiana Supreme Court|
July 27, 1895|
St. Martinville, St. Martin Parish, Louisiana, USA
|Died||June 3, 1984
Jackson, Hinds County, Mississippi
|Resting place||Fournet Cemetery in St. Martinville, Louisiana|
|Spouse(s)||Sylvia Ann Fournet|
|Parents||Louis Michel and Marcelite Gauthier Fournet|
John Baptiste Fournet (July 27, 1895 – June 3, 1984) was a Speaker of the Louisiana House of Representatives, lieutenant governor (1932–1935) of his state, and associate justice (1935–1949) and Chief Justice of the Louisiana Supreme Court (1949–1970). He was an original backer of Governor and United States Senator Huey Pierce Long, Jr.
Early years, family, military, education
Fournet was the oldest of ten children born to Louis Michel Fournet, a wealthy sugar planter, and the former Marcelite Gauthier in St. Martinville, the seat of St. Martin Parish in south Louisiana. He attended public schools in St. Martin Parish, and in 1913, he became a teacher in a one-room rural schoolhouse in southwestern Louisiana. In 1915, he graduated with honors from Northwestern State University (then Louisiana State Normal College) in Natchitoches and returned to his teaching career. He taught in Vernon, Jefferson Davis, and Pointe Coupee parishes. At the age of twenty, he was already the principal of Morganza High School in Morganza, a village near the Mississippi River in Pointe Coupee Parish.
In 1920, he received an LL.B. degree from Louisiana State University Law School in Baton Rouge. He was president of his law school class and was an excellent LSU American football player as well. After graduation, he returned to St. Martinville to practice law. There on February 1, 1921, he married his first wife, the former Rose M. Dupuis of Breaux Bridge, with whom he had two children. They were subsequently divorced. He later practiced law in Baton Rouge and then Jennings, the seat of Jefferson Davis Parish, in southwestern Louisiana.
Huey Long defender
Fournet was elected to the state House in 1928 from Jefferson Davis Parish and though a freshman member was tapped by Huey Long as Speaker of the House. In that role, he tried to prevent the House from impeaching Long in 1929 by recognizing a questionable call for adjournment. In the dispute, Fournet particularly clashed with State Representative Cecil Morgan of Shreveport, one of the leaders in the impeachment of Long. The two were thereafter estranged for fifty years. They reconciled not long before Fournet's death.
Nevertheless, eight articles of impeachment were subsequently approved by the House but blocked by the Round Robin document signed by the critical fifteen of the thirty-nine Louisiana state senators, led by Philip H. Gilbert of Napoleonville. In 1930, Long went on the floor of the Louisiana House to lobby successfully against an anti-Long attempt to unseat Fournet as Speaker.
Fournet was elected lieutenant governor within the Democratic primary on the Long-backed ticket led by Oscar K. Allen of Winnfield, often considered a "yes-man" to his ally, Huey Long. Ironically, his chief party rival was Earl Kemp Long, whom Huey Long refused to support. Most Long family members, however, generally rallied behind Earl Long, who was subsequently elected lieutenant governor in the 1936 Democratic primary a few months after the assassination of Huey Long.
Fournet's elected predecessor, Paul N. Cyr, was a dentist and geologist from Jeanerette in Iberia Parish. Long succeeded in removing his rival Cyr from the lieutenant governorship in 1931 and replacing him with the interim Alvin O. King, a Long loyalist from Lake Charles in Calcasieu Parish in southwestern Louisiana.
Election to the Supreme Court
Fournet did not complete his term as lieutenant governor because he won a special election to the New Orleans-based state Supreme Court in the fall of 1934. Long, using sound trucks, campaigned personally for Fournet. He became an associate justice on January 2, 1935, and chief justice in 1949. He retired by constitutional mandate in 1970 at the age of seventy-five. He was also a former member of the prestigious LSU Board of Supervisors.
Administration of justice
On the court, Fournet abandoned partisanship and dedicated himself to improving the administration of justice. He spearheaded the reorganization of the appellate court system. When he became chief justice, the dockets of most courts in Louisiana had a heavy backlog. He created the Louisiana Judicial Council and established the position of judicial administrator to implement the work of the council. When court reorganization did not occur through a state constitutional convention, Fournet restructured the appellate court system. He used constitutional amendments that moved much of the Louisiana Supreme Court's jurisdiction to a larger system of intermediary courts of appeal. This allowed the Supreme Court to concentrate on cases of greater importance. The additional appellate judgeships also lessened the court congestion.
During his court tenure, Fournet participated in some 17,500 cases and wrote 1,239 opinions. Of these, 1,043 were majority opinions. Of the 525 rehearings sought from his opinions, only 19 obtained a rehearing. Of those, just seven were reversed. Of his majority opinions, only forty-one were appealed to the United States Supreme Court; nine were granted, and four were reversed.
Major Fournet cases
Major Fournet cases included the following:
State v. Pete (1944) — upheld constitutionality of Louisiana Criminal Code
State v. Hightower (1960) — upheld constitutionality of the drunk driving provision of the criminal code
State v. Smith (1968) — reaffirmed the validity of the definition of public bribery
Fournet's decisions strengthened criminal and civil procedure in Louisiana. He introduced a simplified form of indictment in criminal matters and reduced technicalities in matters of civil procedure. In Voisin v. Luke (1966) he wrote that the procedural rules of the civil code were intended to promote the administration of justice, not to allow "entrapment . . . of a litigant" so as to discourage the accused from pursuing a trial on the merits.
In 1941, Justice Fournet wrote a scholarly decision in Succession of Lissa in which he claimed that the sources of Louisiana law date to the Twelve Tables of the Romans, the Institutes of Gaius, the Justinian Code, and the Code Napoleon.
In 1953, Justice Fournet married his cousin, Sylvia Ann Fournet. The Social Security Death Index lists a "Rose Fournet" (born November 7, 1898) who died in New Orleans in June 1980; it is unclear if this could be Fournet's wife. (The index does not usually give middle or maiden names though it often includes middle initials.)
Fournet died in Jackson, Mississippi, where he had retired in 1978. He is interred in Fournet Cemetery in St. Martinville. His papers are in the LSU Archives.
- Harnett Kane, Huey Long's Louisiana Hayride: The American Rehearsal for Dictatorship, 1928-1940, pp. 70-71;. Gretna, Louisiana: Pelican Publishing Company (1941 and 1998). Retrieved July 2, 2013.
- Huey Pierce Long, Jr., Every Man a King: The Autobiography of Huey P. Long (New Orleans: National Book Club, Inc., 1933), pp. 200-201.
- Minden Herald, May 16, 1952, p. 1
- "Who's famous?, October 2, 2013". Bossier Press-Tribune. Archived from the original on October 2, 2013. Retrieved October 2, 2013.
- "John B. Fournet", Who's Who in America, 1938
- Richard D. White, Jr., Kingfish, New York: Random House, 2006, pp. 40, 67-670, 84, 100, 105, 136, 139, 141, 200, 211, 252, 263, 265, 267-268, 276, 288
- "John Baptiste Fournet" American National Biography, edited by John A. Garraty and Marc C. Carnes, New York: Oxford University Press, 1999, pp. 317–318
- "John B. Fournet", Biographies of Louisiana Judges (1977), pp. 147–150
- Louisiana Reports 256 (1971): 5-27 (Tributes to Judge Fournet from colleagues)
- T. Harry Williams, Huey Long: A Biography
- Fournet obituary, New Orleans Times-Picayune, June 4, 1984
|Louisiana State Representative from Jefferson Davis Parish
John Baptiste Fournet
John T. Hood
William Clark Hughes of Bossier Parish
|Louisiana House Speaker
John Baptiste Fournet of Jefferson Davis Parish
Allen Joseph Ellender of Terrebonne Parish
Alvin O. King
|Lieutenant Governor of Louisiana
John Baptiste Fournet
Thomas C. Wingate