The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-18

complained of directs that % tar Of per cent
be levied upon all the property in the parish OF
expenses Of the parish for the year 1874. and n
further tax Of one-fo,n,rth Of ! per cent be
e viii he na aanss II P' s ordinance
resolution that we now have to do, The folow-
ing clause ofthe law Of 1879 controls the plaintiff
In the imposition Of taxes:
q tax for any parish purpose. except to pay IN
debtedness incurred prior to the passage Of this
hundred per eentum of tho State tax for that
year, unless such excess. whether levied by vii
age city or naruchal authorities, shall first be
sanctioned by vote OF IL majority of the voters
held i' for that f purpose. + &c. " W. 0'0''''
The revenue ~ in force when the taxes now
disputed were assessed. provided for q tax Of
mills on each dollar Of the valuation Of the
property IN this state, which should be assessed
government of the State. Of paying the public
debt and of promoting the public interest.
Acts Of 1871, .. 1o4
The police jury of Jefferson parish levied n
general expenses Of the parish for that year,
and therefore exceeded its power. since mills
was the maximum rate it could levy for that
the Interpretation of the laws restricting the
powers OF taxaion Of police juries was made
In Lafitte vs. Morgans, ante !. and may be sum
SO long as t he State tax for the support IF tn Q
government is limited BY law to four mills on
each dollar OF taxable property. Just so long
will police jures be limited to four mils. unless
the lay which which, prohibits them from levyftng q
State tax is repealed or the rate is made 900 per
centum. or some larger sum,
As tho State leyies other taxes than this one
Of four mills for the support of the state gov
eminent viz. the avee fax. the school tax. etc,
SO the police jury can lay or assess other taxes
than this of four mills. but IT can do this only
whore some special law authorizes It, The police
Jury cannot impose Mt Its own will and pleasure
any rate Of taxation. so long as the wise and
beneficent act Of 1879 remains In force. And II,
as was apprehended when our decision in La
fttrs case was made. the restriction would rem
der parochial government impractioable, the
Legislature had only to increase the per eentnm
mentioned in the net of 1872 to make 1t conform
To what might have been found to be practically
a necessity. They did this in tho present year
eessive. and, therefore. ii Is ordered adiudged
end decreed that the Judgment If the lower
court is reversed. and that the rate be reduced
to four mills on the dollar. and the judgment
be reduced and amended accordingly. aud that
tho defendant have judgment for costs Of both
courts.
ais. Va. f. T.. Labatre. appellant, Appeal from
the. First Justice Court. parish of JetIer son.
qas% zoa s s,s m Of nopsq
Frank Co., intervenors and appellants, Ap.
peal from the Fourth District Court, parish Of
ose W Tho An us order OF gop r being vr re
ten, an appeal will not he dismissed because
tho order granting It fixes On improper, return
ton written by the appellant. Motion to dismiss
refused.
ny JUSTICE MARR.
No. 1897. u. l.. Ranett. appellant. vs. Collier
White Lead and Oil Company. -Appeal from the
Fourth District Court. parish Of Orleans
Obligors IN solido are amenabe each to the
iurisdietion of The tribune! Of their respective
domiciles. and, after the dissolution OF n com
mercial partnership. the court Of the parish in
which the firms domicile had been is without
jurisdiction Of suits by the partnerships cred
thereof reside
in other parishes Rehearing refused.
mo, No. esl7. state of L9usiaqa ex rel; jacob
traitor Of Public Acknowledgement from the
Sixth District Court. parish of Orleans.
Under section Of aetNo :, of the extra SEES,
sion Of 1870 a mandamus will not lie to compel
tue Administrator Of Accounts of the city of
New Orleans to draw bis warrants for the pay
ment Of claim against the city Of New Orleans.
even though the correctness Of the claim be ad-
mtted. Judgment affirmed.
No. G37o. State OF Louisiana OK rel. Caroh-
delst Canal and Navigation AZ, G,omna ny w. Mayor
appe lants. Appeal from the Superior District
Court. parish of Orleans.
A mandamus will lie. under sections 3 and 3
Of act No. of the extra session of 1870. to com
pei the Mayor and Administrators Of the city Of
New Orleans to provide for the payment of
judgment against the city properly registered
according to the requirements of that act. by
setting apart or approprlating Ia the next an
nual budget adopted after such registry an
amount sufficient to pay REALTORS judgment.
and those registered prior to Its registry. II u
sufficient amount should not be realized out q
such appropriation to pay said Judgment. II
mnst figure again In tho succeeding one until
The Judgment making peremptory the man
damus rendered eontradictorily with those who
were then the Mayor and Administrators. Is
equally obligatory on the now ineulnbents sue
eeeding these officers Judgment amended
60 rs % smnsttte names OF praaena mayor ana
respects affirmed.