New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-21

State of louisiana Ex. Rel. Louisiana Levee Con-
pary vs. Charles Clinton, Auditor Of the State
ci louisiana No. 46l7. Appeal from the Su'
1e1io, District Court, Parish Of Orleans
CLERKS OFFICE NEW ORLEANS, May 49, 1875.
81: Justice Morgan delivered the opinion OF me
court, IL the words and figures following to WI:
or tie twentieth February, len the Legisia1ule
passed act relative to the Louisiana Lever
CON panv, a corporation organized under the gen
era laws of the State, constituting II BODY oo.!nc
ara corporate. with certain powers privileges ana
tlant hses, and contracting with the sara eorpoia
ton Tor the construction, maintenance aud repairs
OF certain levees and providing for compensation
therefor.
the duties IMP sed upon them by the act Q! cor
to!atiun above set forth, and have completed Iaise
works III accordance with their duties tEereunue1,
and thus that they have protected from oveiho"
great portion Gf Louisiana at ~ expense Oh
&c. CO." while they have only received therefor
They aver tina. II. order 70 enable them 70 pay
:rr TIE works contemplated by the act. already
executed and TO be executed. the State las a':.
rilorzed the levyng and collection OF tax Of Two
Ills upon Tie dollar Of the assessed value OF the
taxable property OF the State. to be Sc: apart as
special fund to lie known the '.evee coustrEt.
son fund: and additional tax OF Nv" ;enths OF
one yer centum upon the assessed value Of tie 1aA.
able property OF she State, TO oe SET apart anu
known as the ievee repair fund
They aver that said taxes have been ana are De-
ing collected and set apart as PROVIDED 3y Jaw.
and have been in part paid to the Louisiana Levee
company. on the order Of the president CT sald
con pany money belonging TO the SANE and
State which could lawfully be appropriated tor
:.nv of che expenses Indebtedness OF the State
hey aver that there is now ID the treasury a
sum Of Is 900 belor gng to said ievee construction
fund and 70 said levee repair fund for which they
have drawn according TO law for &tOoG each, Tor
which Lels Charles Clinton. Auditor OF the State
@: Louisiana. refuses TO give the necessary war
rants on the State Treasurer, in violation OF the
law and Of the vested rights OF the !s atots Ihty
uray iuy Ill anlamus against the Auditor direct lrs
him to issue variants i'll their favor Oh the state
Treasurer fog the payment OF the two cJde's 'u'
The Aud tor, after fling dec,inarr exception,
ans weIed through the Attorney General. who IS
herein acting IS counsel DESIGNATED by law 20 the
a2tilter as vel! AS i'll his official capacity ;eyie.
senting tie State, and says:
]. That the act of the Legislature relative 70 the
LCU s!ana Levee Company, and the act confirming
d euntIac: between the Louisiana Levee Company
an. the Governor OF the State, approved February
20. 1871; oroVding for an annual collection by ;aza'
zion ard appropriation to said company. 10:
:wenty-one years, OF about + G00,tC9 each sea:.
are ulconstitu tllegel null and void. tec"Hse
they ~ violation OF the amendment of the cor.
s,itt,tOn OF sl.e State OF Louisiana limiting che
state debt to E25, 600 00o and OF articles 40. ia,
and lis Q! the constitution of the State.
2. That ;Ie payments demanded in the "! Sol.
are without a valid consideration, and mace 20
peIscA. = private corporation. having no !.gal
Eues derived from the "a nation of tie property Of
the citizens and Others owning property suffice: 20
taxation AID upon whom rested no legal 10. .qnl.
table obl!ga.!oN TO contribute TO she payUeIf
:. Tia. she State Legislature hal 20 pcvs, TO
authorize the Governor OF she State 10 enter into
the cOntrac: contained in the acts Nos. and r.
to incur II obligations contained in the con.
tract: that the propretols of property i:onln' on
tie water courses of Louisiana sunec: 10 overflow
lad contracted il the origina! parehast ~
the property to bnd and Keep up :hs
their lands a. much reduced pllce: that the eveS
ing draining of lands subj... to overflow at
taxation oa al the taxable propert, in :he State.
would be Che eniichmtn: of il portion OF tie pe'
pie o! Louisiana. by making their property much
more valuable. and at the expense OF other :'t!'
zens and PAYERS of the State; that it No.d tt
the taking OF the property OF one citizen or class
of citizens for the henetit of another and without
q proper and adequate or. i'll fact, any CoNkItera
non whatever. and is in violation of the Gons!!:
.ion OF the State an'. of the United states
!. Tina, the funds claimed are derived ti'm Che
general taxation of TIE property OF the state fos
the enrichment OF the plaintiff a private corp "a
small portion o: the property holders IN 'hs state
and iEa1 il was not IL the power OF tie STATE 10
grant said funds, or to authorize the making o.
said contract; tst the obligations created oS the
Nos. and 2: is del OF howard OF SO 600 GRO,
attempted to be created at time when :he.Sta =
debt exceeded $25OC0,CeO and eubse1Uen. 20 zine
PRONUNCIATION o: the constitutions! amendment
limiting the state debt TO 600 t0e .hac s" long
the State debt shall exceed 3"ce 90" 'he Leg.
contracts except FOR such purposes abeo-
iutely uiIed and necessary fox carrying on the
government: that the work claimed 70 have zen
done and 70 be now being done By the plaintiff -
Lot Of those Il. cessary works OF expenses 5uI
'he carry ing en- OF the government. but is work
OF internal Improvement which AT a.. times
f. d,ub:'i1 as q :unctnA OF government. was dc
| >gued 20 be pIohsbted by the amendMeu: 20 TIE
constitution .imi,n: tic State debt.
j. We do NOT see il what manner Gle :.m nd
m-nt o: Tie constitution OF the State. !ic iii's
:ne state debt TO $3.50 ooo0 is sio t.f sy 'n~ w
creating the Lev.e Company. The State mas crea ed
10 debt il tnelT favor. II has assumed no 'espOL-
.iLilty their account. 1t does not pay. order
:Se 1 nas rroper h "s State
! tie company. giving IL certain 'ghts and
privileges. and impos!i heavy burdens upon j: a:
| the same time. II contracted with the compan?
with regard to IA work OF great 1!h!i' u'!!i:s. 10
| secure The company. they imposed general :.y
! upon al. tie property .: the State and made j:
and to deposit the eumS collected IN The treasury
p.. !: provided. a, The same time .hat Tie money
SO collected should he placed to th~ exc dir q: a
| certain fund to be drawn upon by .Ae off GERS 81
| The company. But this does 10, create liability
on the part Of the State. The States does :Ot pay.
lis bond. are no. out nor is any enc its creditor
LOI can they be its creditors TO: ANY con
! :racted FOR by the Levee Company.
| & !: is rot Tor us 10 determine that she Hav
F; nieE.s demanded are without valid cor. de a
| ton. We have only to determine whether ii. acts
Ieatil: 70 the !eTee board a1e constitutional. o.
| not.
| 8. The ac. 40. p. which ,atif.s end confirm,
! the contract between the Levee Company ana ~.
Governor IS. after all. an act o: the L.g.s atuIs
AID s valid u:iess il conflicts with 'Le coLst!tI!
ton of the State and We have not been ,.:e.1.I 4
| the article with which j; is in conflict.
TIE otl., objections to :ke ac. so 40: strike ~
with much force. TIE 'eveeihg o: Tn. lard subj, q
| 10 overflow IS NOT made .: the sxptLse ~ ;Ga
, state treasury.
! Il is. as IS stated made Wv general Va. or a
lie taxable property g! the State. MY :le Leg. a
tuit Gad the pOwe. to impose tIat tax AID 20 :y
, pIoriia;e il as il saw fit.
| I. - IS .Iue that the funds claimed are s..lvet
icOII .Le general taxation q the pre- p..ty ~ ~,
State, and 4 may be that it vii! ;esl..: IL The
! i"aEen: Of the levee Company. Eu. She STAT,
mad the power TO iecy the tax an,. 'he rTott
depend upon tie perfection of 'he eom;.',
| work. By :he law under which they act Il,
they vespOs sltle t" tie owners 81. u:Hper;'
vino suffer damage bv reason u! Their 9. gen c,
Henner. or az any oEe ii several "the: points o,
:he river caused by tilei, negig. nee in MAINTAIN
ing these lev.es up 70 the stauGar. required b,
lie law, IS evidenced by the report o. the con;
Mi.sion.rs 20 whom su.l! matter. i..,Ust. Il
vOGd cause mOie damage I" thS COMPANY 'ha:
tie amount Ci the taxes to When tLey ~"sI %
! entitled.
But these are gu. s.on. with iic,i IL f.aIi'v6
have nothing 10 do The only matter. which W
are called upo'. 20 'eclGe are whether IL. act. q
! the Legislature III themse!vee violate any Of III
articles of the coilstitu. ioN and he her The ie
! statue has created deb: WL;cI. gc.s bey.sa III
| constitutional linltSIion.
! W. do not Md That these acts 10 10 ATE an
! iiovlsOH OF our constitution OF that 4 creates
debt. We, therefore. tniGi: the company cui.tie
| 30 the money which il Gains, and TIA: :le .nas
! Iam.s properly ISSUED.
! Il Is Therefore, ordered, atiuigei AZ. ...c,..
! tia: me iud.neE, Of Tie .ow.: ."us. =. ~.