The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1870-10-05
Communication.

Editor Of the Democrat:
1t is with great deal of reluctance
that l ask for space in your columns to
answer an article in a late issue of the
"Rapides Gazette" which is doing
much harm among the negroes subject
to road duty in this Parish.
The question involved being one Of
law and my being the Attorney for the
Police Jury must be my excuse for this
intrusion into public print.
The article alluded to says the Police
Jury have without warrant ordered
the roads to be worked, and refers to q
Compilation of the Police Jury laws
lately made by me in pursuance Of an
order of theIPolice Jury, in support Of
the position it assumes.
The law upon the subject is very
easily understood-and is directly OPP
posed to the opinion of the Rapides
Gazette. In the Acts of 1867, No. 1917
page 355 is the following law:
Sec. I. "Be it enacted &C., That the
Police Juries OF the several Parishes
throughout the State, the Parish of Or
leans excepted, be and they are hereby
authorized to levy and collect road
tax per capita upon all male inhabitants
over the age of eighteen years and un-
der the age of forty-five years, in said
Parishes"
Sec. 2. "Be it further enacted, &C.,
That said tax shall not exceed fifteen
dollars per annum on each person liza.
BILE to the tax provided for in the fore
going section, and the fine arising from
it shall be exclusive applied by the
said Police Juries for the purpose Of
keeping the roads in said Parishes in
good condition &c., &C." ..ai4...
This was the law from 1867 until
1870, and was incorporated in Rays
Revised Statute, adopted by the last
Legislature.
Subsequently to the adoption Of
these Revised Statutes, the last Legis.
lature repealed this Act of 1s67-Sec
Acts ls70-No. 6s Page 100 in these
words.
Sec. 8.
"No per capita tax except the poll
tax authorized by the Constitution
shall be assessed or collected in this
State"
There is an Act in the Acts Of 1870
declaring that the Acts of 1870 shall
take precedence over the Revised
Statutes-the law allowing the per cap.
ita tax stands repealed.
That far the Gazette is correct, but
it dared not go any further.
Sec. 1878. In Rays Revised Statute is
as follows:
1t shall be the duty of the Police Ju
ries to divide their parishes into at
many districts as they may think pro.
per for the appointment of Overseers
of roads. They shall annually appoin,
overseers or directors of highways o,
roads who are to summon all male per.
sons from the age of fifteen to fortv-five
Except Ministers of the Gospel, and
such other persons as are or shall be
exempt) to meet at such places and
times as to them, the said overseers
shall seem convenient to work on the
public roads; and whoever shall, upon
such summons, refuse or neglect to dc
and perform their duty, shall forfeit
and pay the sum of one dollar per day
for each person SO neglectingor refus-
ing, to be recovered by Judgment be-
fore any Justice of the Peace of the
Parish, and paid by said Justice to the
overseer, and by him to be expended
in hiring other hands to work on said
roads. This has been the law since
1918 and stands to-day as good Law
as it did when passed. Itclearly gives
the Jury the right to require the roads
to be worked and all who resist, do so
at their own peril. With many thanks
for your kind indulgence. a.
Very Respectfully,
+ f.s ROBERT P. HUNTER,
| Parish Attorney.