New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-18

Value of property. Observation-Disclosures. $843,940 90
Amount Of gross sales and income l26,352 90
Total. ss7o,2s2 90
Amount Of tax ON above ..... $3.50 70
ST. BERNARD FOR 1869.
Amount Of gross sales and income. $3.50. l69so0 90
Total. $l,l4l $3.50 90
Amount of tax on above ......... 1864 IL
1t appears that there are from eight to
ten Metropolitan police officers on duty in
the parish of St. Bernard, so that the tax
being in proportion heavier in that parish
than in thOcity of New Orleans or other
portion of the Metropolitan Police district
We give below the copy Of one Of the petit
tons setting forth the grounds on which the
resistance Is based.
To the Honorable Judge of the Second Judicial
Court, in aud for the parish OF st. Bernard:
The petition of Mrs. S. r. Proctor, who
resides in the said parish of St. Bernard.
respectfully represents that Leopold
Guichard, State and Parish Tax Collector
Of the parish of st. Bernard, and therein re-
siding, has, on or about the fifth of July,
1870, Illegally notified your petitioner to call
at his office and pay what he is pleased to
designate as your petitioners Metropolitan
Police taxes for the years 1869 and 1870,
amounting, as he alleges, to the sum of
Vl4dOv Wltliu thirty uaiyS AEoA tHC cCi ISC
of his written notice to that effect, in de-
fault of which he would proceed to seize
your petitioners property, as the whole
will more fully appear, together with all
SOther necessary particulars from the said
notice itself, which is hereto annexed and
made part Of this petition; and that your
petitioner is entitled to the equitable writ of
injunction to prevent him from carrying out
his unlawful threats in the premises.
= inf fh0 fav a
Police Jury of the parish of St. Bernard, on
the requisition of the Metropolitan Police
Board to that effect, for the purpose of pay
ing the salaries of State officers and to de-
fray the expenses of State political cor
poration, for which the State at large is alone
legally responsible: that the same are not
equal and uniform throughout the State, not
even so within the Metropolitan Police Dis
trict, which is subject to one and the same pO-
lice government, inasmuch as the taxpayers
of the parish of St. Bernard are Illegally call
ed upon by an unlawful ordinance of the PO-
lice Jury of this parish in compliance with
an unlawful reqnisition of the said Metro
pOlitan Police Board to paya much larger
rate of taxation than the city of New Or
leans, which forms part of the same Metro
pOlitan Police District, and that therefore
said taxes are clearly contrary to and viola
tive of the provisions of article lis Of the
State constitution.
That the police force, for the support of
which said taxes were intended, are of no
earthly necessity to the peace, order and
tranquility of the parish of st. Bernard, and
are consequently iniGuitOus burdens upon
the taxpayers OF said parish, and that the
enforcement of such taxes is an act of spoil
alton, an unwarrantable appropriation of
property without any corresponding COM
pensation whatever, by the hand of ire
spOnsible functiOnaries.
That the sO-called Metropolitan police tax
Of the year 1862 which was only imposed
this year, and few weeks ago, is RETROSPECT
tive, and therefore illegal, and of no bind
ing force whatever; and that it's imposition
and eligibility are predicated upon the as
sumption that certain portion of the Me-
trOpOlitan Police force was employed by the
authorities OF the parish, when in truth and
in fact, no such force was ever SO employed,
even up to the present moment.
That the whole of said taxes for the two
years aforesaid imposed by the said Police
Jury in compliance with the aforesaid re-
QUESTION are illegal, and not due by the tax
payers of the parish for the additional rea-
son that the same was imposed by the said
Police Jury in violation of the provisions of
law, which require that police juries, before
they shall fix and decide on the amount of
taxes to be assessed for the current year,
shall cause to be made out an estimate eX-
hibiting the various items of expenditure,
and shall cause the same to be published in
the official newspaper of the parish, or by
posting up written statements of said esti
mates in at least three of the most public
places in the parish, at least thirty days be-
fore their meeting, to fix on the amount of
taxes to be assessed as aforesaid.
= That said taxes are illegal and uncOnsti-
tuti0nal on various other grounds and for di-
vers other reasons, which are clearly shown
and pointed out by the State laws, proceed
ings of the Metropolitan Police Board, and
police regulations or ordinances relating to
the Metropolitan Police taxes.
And finally that the said Leopold Gui-
chard is not legally authorized to collect
any taxes which are to go into the Golfers
OF the parish treasury, inasmuch as he has
given no security whatever in favor of the4
parish of st. Bernard.
Wherefore your petitioner respectfully
prays that the said Leopold Guichard, State
and Parish Tax Collector of st. Bernard be
restrained and enjOined from Selling any
property of your petitioner, and from col
Letting from him the sO-called Metropolitan
Police taxes for the years 1869 and 1870;
that he be cited to appear and answer this
petition, and that after due proceedings
had, said Injunction be made perpetual, and
that there be judgment in favor of your pc
titiOner against said defendant, declaring
said Metropolitan Police taxes to be illegal
and unconstitutional, and cOndemning said
defendant in his personal capacity, to pay
your petitioner five hundred dollars dam
ages and costs of suit, and your petitioner
prays for general relief, and. as in duty
bound, etc.
The several writs of injunction were
issued by Judge Pardee.
LOST
- Co. an Il
at the result of the recent election, and