The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1884-07-26
Another important Question.
Did Our Police Jsry have the Right to OF
der the Sale Of School House saaare7

Did Our Police JaEy have the Right to Or
der the Sale os School House squaree
ED1roa CHIEF:
1 notice in yeEr last issue q communication
over the nom de plume :.eE5hrimp'" in which
answers are asked to questions regarding the
parish school funds. and which has again raised
discussion that took place at the time of the
sale of the so-called School House Square in
Donaldsonyille. Though not addicted to rush.
ing into print upon all topics, yet. as a citizen
who takes the welfare Of the community to
heart. and having too q Little Of the bump of
opposition, as it msy be said, I think it well to
urge inquiry into The matter farther than friend
"Shrimp." The discussion spoken of is as to
the right and necessity Of the sale of the square
by the Police Jury. man need not be On edi-
tor nor lawyer to read the papers, but to be-
come posted Citizen he should peruse our
leading Perie ideals. If you will turn oyer the
files of the Democrat and Picayuae to June,
1882, you will find that the Supreme Court, cit
ting at Monroe, decided the matter of the par
ish of West Carroll Us. Gaddis, ct al, in which
decision it exhaustively discussed the power Of
political corporations to dispose of property
dedicated to public use. In 1856 q lot of ground
in the town of Floyd was donated by private
parties to the then parish Of Carroll for its use
and benefit. Afterwards Courthouse was
built on it end in 1872, in pursuance to resolu-
ton of the Police Jury, it was sold to J. NJ.
Gaddis. The parish Of West Carroll subse-
quently :. carved out - Of Carroll parish, sued
to recover the property. on the ground that the
sale had no Legislative sanction. The court SO
decided. Chief Justice Bermudez said, in
speaking of parishes: As rule. they cannot
acquire real estate unless for public utility,
and can not dispose of the same after it has
been acquired and donated to public service,
without legislative authority. They may, how
ever, be the object Of public and private boun-
ty in the absence Of disabling or restraining
statutes. They do not acquire for themselves
as political organization. They acquire for
the benefit of the public, of the people, partic-
ularly the local community, which is repre-
sented primarily by the State and secondarily
by them, but so far only as the State has del
egated to them the power to do So" The dona-
ton was unrestricted, and in that particular
can not say whether it differs from our dona-
the decision, IF full title is held to the
ground for public uses avithout restriction, the
Legislature may doubtless direct and regulate
the purpose for which the public may use it,
1t the grant he made for a specific purpose
las it was understood ours was, the public &C.
curing merely an easement. the donor retains
an interest which deprives the Legislature
of the power to sanction SALE" 1t would
hardly be possible to use more simple and ex-
plicit language. II the grant is for no specific
purpo Sc and the land is not dedicated to a GER
tain use, it may be sold with legislative sane
ton. but if the grant is otherwise the sanction
is impossible.
The acts of sale of the lots in School House
Square recite no such sanction, and after In
quiry and investigation, fail to find that it
was granted. The general impression is that
our grant is for specific purposes. By what
right, then, was the property disposed of?
If the Police Jury had the authority to sell,
was the sale necessary? Certainly, in q long run,
through their rental the lots in the Square
would have paid not less, and more regularly,
than any investment of tho funds proceeding
from the sale.
Ii am wrong, set me right. To such ques-
tons as have been asked those who can should
answer. and answer reasonably. for they are
such as the thinking and unthinking classes of
our population are asking daily and. not having
a right behind the SCENES" are answering to
themselves in expressions not complimentary
TO any one. Az.