The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1873-04-19

Of the State not directly benefited
thereby; that said legislation creating
said debt, and levying or causing to be
levied said tax for its payment, is un-
Constitutional, illegal, null and void, and
in conflict with the constitution Of this
State and tho United States, and espe-
cially with tho first section Of tho four
teenth amendment thereto, and with
tho acts Of Congress designed to enforce
the provisions Of said amendment and
the principles involved therein.
And respondent, further answering,
denies that the property specified in
tho petition Is justly or rconstitutionally
! liable to pay the levee bonds or any in
terest thereon, because tho tax Is not
uniform or equal and Is contrary to the
constitution; that the same is imposed
for tho protection and defence OF pro-
pcrty sometimes subject to inundatiott,
and tho improvements contemplated
improve and enhance tho value Of such
property; but this defendant alleges
that the property Of this defendant Is
not benefited thereby and ought not to
bo taxed for tho advantage Of other
property.
He denies that he is responsible for
tho taxes described In tho Auditors
statement rs levee tax and special levee
tax, because tho said taxes have boon
levied for n purpose OF special improve
| nlent affecting land upon rivers, bayous
and other water courses that are subject
! to oinunClatiOn under different conditions,
that the benefit derived is for the owners
Of the lands whose property is thus pro-
tccted and that the value OF such lands
is improved by the expenditure to pro-
| tect or defend them. That IL tax opera
f>r t1,r - tS.,1 ,.,;~ u
vantage OF tho property belonging to
certain owners and not by tho State IL
contrary to the constitution and cannot
be imposed or collected consistently
thcrewith.
Respondent, further answering, says
that the assessment OF taxes for tho
levee construction tax fund and tho
levcc repair fund aro illegal, and violate
tho constitution OF tho State and tho
United States; that said assessments
and levirs arc made for tho uSe and
benefit Of the Louisiana Levee Compa-
ny, II corporation created by the State
Of Louisiana, with whom tho Lcgisln-
ture has contracted II debt after the debt
OF the State had already exceeded
twenty-five millions OF dollars. That
tho amount OF tho debt thus contracted
is not determined by tho Legislature,
upon report by him, and that tho
amount is to be assessed, levied, col
lectcd and paid without an nppropria-
ton according to law. That tho acts
Nos. 4 and y OF 1871, under which tho
assessments arc made, arc unconstitu-
tionnl and void, and does not Justify
tho levy and collection OF the taxes
aforesaid, and that tho assessment and
levy OF tho lcvce construction fund Is
unwarrantcd, cxhorbitnnt and above
tho sum allowed by tho acts OF tho Leg
isiaturc.
That the one mill tax lastly assessed
and lowed and added to tho bill sued
on, is also unconstitutional, illegal, null
and void, for all tho foregoing reasons,
and because it ls an nttompt to add to
the amount OF tho debt already existing
and exceeding the constitutional limit
of So, ,OOO, 900, and is an increase to tho
public debt, and Is intended to bo
used in making up tho new funded
debt, created by mixing tho legal
with tho illegal debt OF the State, and
adding to the burdens OF n people al
ready oVerburdened with Illegal, OPP
prcssive taxation. That tho attempt
to impose upon tho whole peoble OF tho
State, the burden OF building aud pro-
tccting tho lcvccs aforesaid, and for tho
n section OF the State, by way OF taxa
tion In the entire State, is violative OF
article 10 OF tho constitution OF this
state, and article 5 and section OF arti-
clio ii of tho amendments to tho consti-
tuition Ofthc United States, and Is Illegal,
unc Constitutional, null and void, and
the acts OF tho Legislature to that effect
are no laws.
Wherefore respondent prays that
this suit be dismissed, and that there be
judgment in his favor, and against tho
State OF Louisiana, dccrccing tho Tux
sought to bc collected herein illegal,
null and void, and that tho acts OF tho
Legislature authorizing tho Auditor OF
the State to fix tho ratio of any portion
of the State tax, and the acts creating
debts for the purpose OF levceing tho
banks OF tho Mississippi River, and
other water courses within tho State,
for tho purpose OF protecting certain
portions oft atesubject to overflow,
and all tho other acts named herein to
be unconstitutional, illegal, null and
void; and respondent further prays for
costs and all general and equitable re-
lief Julien MICUEI,- Afforpcy