The Concordia eagle. [volume] (Vidalia, La.) 1873-1890, 1881-05-14

maintenance and repairs OF
levees.
Art. Ola provides for the
division of the State into
Levee Districts, and for the
appointment or election of the
levee commissioners 10 each
district, who shall have super
vision of the erection, repairs
and maintenance of the levees
in said districts, with authority
to levy a tar not to e1ceed five
mills on the taxable property
situated. within the alluvial
portions of said district subject
to overflow.
Il requires 10 reasoning Of authority to
>stsIy The legal mind thai any legislation
which would have attempted to confer to
police iuries tue power 10 build public
levees aud to levy special taxes for the
costs oi building lepees would 10 ganD2ly
uncon stitutlonal,H and could not DC enforced
nv The courts, unless the authority be
found 10 Art. 2U9 or Art. 2i2, on which
point we express 10 opinion now. Con-
STRUNG these two articles in connection
with Art. Ala
LIMITING THE DURATION
Of this sv-tpm TO The time when the fedt raj
government would, as WAS then expected,
assume permanent control OF the levee in
this tate. plaintiffs counsel argued that
/ M oh, taxes but those provided in these
two articles could be impos' d b" the State
NJ by the parishes tor levre purposes.
But the view which we take o. this case
does moi require solution OF this impor-
tam question II is admitted by the de-
fendani b, ,i ia the plpadiHgs AMI IN the
statement OF facts that the L4Rp CuRcOr.
! dla Ievee" forms part OF the public ievre
system created under the power granted
To The general Ass, mbly by the COn-tlu-
tipp ana hal the leyee Mas located by The
State engineers.
Ii csnnot, therefore, be denied that the
duty ard power OF building the levee were
vested eXciuslve,yln the State authorities,
VIM are shown. however, II have had IL
uuds Tor the purpose. thence the police
juty, 10 view OF The iHmiaeat dagger, aHd
10 or er to avert great pubic calamity
resolved to assume the duty nt bultilng
T-The required leyee and 10 provide, by levy
ing this tax, ioi the means necessary
! thereto.
Ia Their words The police jury levied this
| special tau III aid OF puutfc Improvement
originating with the SIale authorities. or
| drred aud located by he State authorities
and required under the col slit luton aud
tie laws hereunder, to be erected aud
ma,ft lined by The Stale authorities. II
therefore follows, as urged by pIaintlti
| That lie
Only POSSIBLE Authority
which can be Invoked IN support of the
police jury's cour-e IN the prem 'es must
| Il w l,uIu the provisions "i Art. 242 of The
onsllulioi, which reads OF ttliovs The
General assembly snail have power 10 en-
Act general laws authorizing tie paruchlal
or municipal dut ,urtttes OF the State, IN
d,r,,r.. ,umsrances. by "a vote of the
majority o. mt . ','ery tsxpayS.s 10 nuu,
ueT auu aiue, 10 levy special taxes 10 AID
~ pubic improvements ar railway en,cr>
I
coed thu rate al i've mills per Hanum, nor
ca end tor Il longer pettod thau ten years, "
Now, AS the project OF levying the spe-
| cal ak is shown 10 have been submitted
to the vole OF the majority OF the tax pay
aug elecbrs OF the parish aud not to the
tHajant, of TAX PtyeFs 10 number and
sluc as imp rauVrly required by thai
| It Gle, anu as the election ordered for b s
urpUse was not ncid III pursuance OF act
| "a OF 1850, Nhlch is conceded 10 be
THE ENABLING ACT,
of said article OF the constitution, deie d
aul cannot invoke the authority OF thai
arlic'e, and IN tact repudlales any ,auclou
J from that source. Hence lie relies exciu.
| ,ivey upon the pDwers derived from arrr~
Gle 2u9 quoted Ia the hrs, psH Of bis opiH-
~. aud concludes That II l. sell. acting
II is not only admitted, hat qtgurd hy
| defendant that as Yet no legislation has
| been enacted when can be construed A. an
enabling act to aIucle 209, sthu"gh ~
| some at It's pruvlslUus act ~ ui 1855, APP
parent Y refers To thai article, It's tHle tHdi
Gales uo such object, but IN pain language
| II re ~ exclusively 10 auicie PAP
| Ifth ct 10 rnded TO rrlei To article 309
( it Of" e. moi comply with the cons turouai
rr4nlsile, rrgniaiIng HE eXpressi oi ihr
o I-rt OF every AL IN It, utie, ana such
r.terence must 90 consequence b. con
.ldered Ms unwrliten. We thsrelnre con-
| cude drtlclc 2U9 in so lar AS It's pruviso Is
concerned, has yet received ~ legislative
INT, rpr"'alion nd STAINS without an en-
aiding act.
In OF er TO under ,tand The intention OF
/ the , oIveni:on III framing Tins article il
must be c ,IslTued IN eunnrCtlon with Ar
I lcle 2J2, Wnich is the d cl4rtti0n of the
fundamental policy of the whole inslrn.
nent Oh he 81 jcct Of taxation, and which
| 10 To the 2 tdwtng words.
a" The tsxng power may oe exercised ny
| thr general assembly tor State purpC ses.
aud ~ The parishes anu municipal cOrporaS
ION inner authority graded to them by
the genArl assembly i"r parrish and ma-
n'cipal purposes.
UNDER THIS ARTICLE
we eOn,iude the cunsl1ulbn vests the
taxing power primarily AMI ;hrecIly IN he