The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-04

II will be remembered that Tie lower houl
Of e last Congress included in one of the
appropriation bills an appropriation Of 50
was to be expended in this State. After pas
ing the House it was lost in the Senate by
very close vote. 1t is to be hoped that on
Representatives in Congress will be able I
secure some immediate aid for the reclams
tion and protection from overflow of the man
thousand acres Of fertile land within the lin
| its of this State which the crevasse OF l67
| withdrew from cultivation, and which tn
State has beer unable to restore to productiv
industry.
RELATIONS OF THE STATE AND THE LoUIsIAN
LEvEE COMPANY.
In the meantime, until Congress can com
to our assistance, in whole or in part, it is n
more than ordinary business prudence to in
quire in what position the State stands witt
regard to its levee system, and what posslbl
measures can be adopted to repair, as far a
possible, the levees broken down by crevasse
of the past few years, and to prevent the re
currence of like disasters in the future. Ac
No. 4 of 1871 transferred the absolute contro
of the construction of all the levees Of thu
State for twenty one years to a company there
in incorporated, known IS the Louisiana
Levee Company, All the powers of the Stat
or parishes over the levees of the Mississippi
River were vested in this company. They
were required to construct a "system OF
levees," building not less than 8, ZOO, 900 cubic
yards year, to the amount of $4,000, OOO
yards, at points to be designated, and
upon estimates to be prepared by 8
board of commissioners for whose
appointment provision was made. and
we're to receive yearly for twenty-one years
ten per cent of the aggregate amount which
the estimate thus made would call for. A tax
Of two mills on the dollar was provided to
meet immediate exigencies. No serious at
Tempt appears to have been made carry into
effect the spirit Of this enactment. The Levee
Company have inlugurated no "system
If levees." They have, from time to time,
quilt isolated levees, and repaired or patched
Up others, and they have received the pro-
leeds Of the two mill construction tax, which
vas only designed to be paid until such time
IS an estimate Of the contemplated "system
If levees" could annually he made. They have,
n no one year, built the 3, O00, 900 cubic yards
which they were required annually to con-
truct.
The same act which incorporated the COM
'any and conferred upon them these powers
If constructing levees also made it their
,uilt by them, and rendered them RESPONSE
lie in damages for failure to do so. Ia CON-
,ensation for this obligation they were to re-
eive the proceeds OF q further tax Of two
Mills on the assessed value OF all the property
q the State. The Levee Company thus be-
anne virtually the insurers Of the levees. In
1913 an act was passed by the Legislature re-
easing the company from all insurance liza
'ilities, on condition that they would relieve
he taxpayers of one mill Of the two mills
svied for repair and insurance. When this
ct was presented for approval it seemed to
le that the direct benefits which the taxpay-
re- generally would derive from q remission
one mill taxation We're so much greater
IAN the possible advantages which riparian
wners could expect to receive from the in
1raIce OF their levees by company who had |
OF even sufficient assets to meet their current |
abilities that | gave the bill my approval |
he terms OF the amendatory act, however,
lggest grave legal questions as to the ex |
tence OF any valid contract between the |
tate and the company. There is no specific |
ork contracted for. The company become
IMPLY the agents OF the State to let out GER
in levee work, for which they are to receive
compensation OF fifty cents per cubic yard.
hey are required to do no specific act, unless
NSA~N ~ ~ eAO " VIZ OBSERVATION-DISCLOSURES, lWO
1t OF three OF whom are appointed and paid
Y the State. An agreement which depends
pom the will of either party to render it ex-
'utory, lacks the first essen tial of legal con-
right of either or both parties to
lforce it. 1t is not necessary, however, to
tier upon any lengthy discussion at this
ne of the legal status of the Louisiana
evee Company. Should occasion arise these
alters will be presented for your considera-
IN in o special message.
WORK DONE BY THE LEvEE COMPANY.
From the official report of the State En-
neers | find that since the organlz .tion of
Q Louisiana Levee Com pany to the present
me they have constructed year by year:
Cubic yards.
yard. $50: ........... .2,557,75S
} September 30, 1879, at 60 cents per
yafu ........... j, U.S. 99
} September 80, 1874, at 50 cents per
yard Observation-Disclosures. 1882
} September 80, 1875, at 50 cents per
yard. .................... / ,295 ,52l
aking the total number of cubic yards
built or assumed by them in four
The records of the State Auditor show the