The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-09
81 704,553 IG

Total ................. 81 7O4.553 II
The report of the auditors was not homol.
ogated, but was referred to be disposed oI
with the merits Of the action. The sums
however are now admitted to be correct and
the question to be determined Is, has tho
plaintiff u claim against the State for the
amount, or Is the amount simply payable out
OF the taxes hitherto levied for leyee purposes
as they are collected.
2. The solution Of this inquiry involves the
| examination Of the various enactments in
favor Of the Levee mpauy. BY act No. Of
1871 the Levee Company was created. The act
was entitled IAN act relative to the Louisiana
Levee Company, a corporation organized I'M
der the general laws of the State, constituting
1t body polite and corporate, with certain
powers, privileges and franchises and con.
tracing with SAID corporation for the con.
structiOn, maintenance and repairs OF certain
levees, and providing for the compensation
therefor" After ratifying the notarial char
ter by which the company had taken being
the second section of this act provided as fol
lows:
SEC 2. That for the purpose of providing
and maintaining proper and efficient levees
throughout all portions of the State watered
by the Mississippi and the rivers and streams
and bayous running into and from the same,
| and protecting the inhabitants from inunda-
ton, the Safe Of Louisiana contracts and
agrees with said Louisiana Levee Company
in terms a5 follows"
The first paragraph of this section creates
board OF engineers or commissioners, with
power to fix the dimensions and work to be
done.
The second paragraph Is as follows: THAT
the said Louisiana Levee Company for and
in consideration of the compensation, bene-
fits and rights and powers herein stated shall
take charge of, manage control, construct,
repair and keep In repair all the levees in this
State on the Mississippi river, it's tri utaries
and outlets, and such levees In the State OF
Arkansas as may be necessary to protect any
Of the lands OF the State from overflow by the
waters Of the Mississippi or the Arkansas
rivers"
The third paragraph gave the corporation
the management and control OF these levees.
The fourth provided that the said corpora
tion shall within sixty days from the receipt
of the report of said commission commence
the construction of said levees and shall
thereafter construct not less than three mill
lion yards per year until the said levee shall
be completed according to the standard re-
quired by the report Of said commission"
The fifth paragraph made the corporation
responsible for damages to persons injured
by. their neglect or failure to do their re-
quired work. The sixth provided as follows:
That within thirty days after the receipt
Of the report OF said commission the Cover
nor of'the State shall cause an estimate to be
made of the cost of constructing or building
said levees, according to the standard re-
CURED by the said report. Said estimate to
be made at the rate of sixty cents per cubic
yard OF said work, to transmit said estimate
TO the Auditor Of the State, and said Auditor
shall thereupon appOrtion the sum total OF
the estimated cost OF said work among the
several parishes, according to the assessment
rolls of the State, and shall annually there
after, for period of twenty-one years, cause
TO be collected 10 per centum of the sum of
said estimates; prOuided however, that I'M
III said estimate is made as provided In this |
.rticle, the Auditor of the State shall
evy and collect annually, in lieu of
said 10 per cent Of said estimate, two mills
upon the dollar OF the assessed value of the |
aXable properly of the State. The said 10
Der centum of the sum of said estimate, or
'ald taxes in lieu thereof shall be collected at
ne same time and in the same manner and |
" the same officer as the ordinary taxes of
he State are collected. Said 10 per centum,
T said taxes in lieu thereof, when collected, |
nall be paid over to the Treasurer OF the |
state, and shall be set apart as a special fund, |
0 be known as the "Levee Construction |
Fund, which shall not be used for any other
purpose than as compensation to said Louisi-
ma Levee Company, and said fund shall be |
'ald, on the order of the president of said |
ompany, TO the treasurer thereof.
Paragraph seven, that the Auditor of the |
tate shall cause to he assessed and collected |
nnually for the period of tventy-one years
rom and after the passage OF this act, two
rnthS on one per cent upon the assessed
alue OF the taxable property within the State,
D be set apart and be known as the levee re-
air fund. which said fund shall be collected |
the same time and IN the same manner and
Y the same officers as the ordinary taxes OF
IL State.
Paragraph eight gave to the company the
over to mortgage or assign the taxes to be
elected for its benefit
Paragraph nine provides "that, whereas no
-xes as provided herein can be levied and col