The Louisiana Democrat., 1889-06-05

1 -
conflicting opinions.
What the Legislature intended By
this section, was, that municipal an
thorities could not contract debts Of ar
extraordinary kind, beyond the con
templated revenues of that year.-evel
if allowed by the chatter, unless the
ordinance creating it provided for the
payment of the same by additiona
taxation or otherwise.
For instance, the streets in tue Towr
are to be worked every year, bridge:
on the same are to be made or re-
paired, water to be supplied for fire
engines, in case of fires, officers to be
paid, ETC., all of which requires the
creation Of debts, but debts of this
character are not embraced in section
244S of the Revised Statutes, for the
reason that these current and Necessary
expenses are expected to be met out OF
the current revenues of the Town
taxes annually levied and collected,
in the usual way, provides for the pay.
ment of these debts.
The current revenues Of the Town
of Alexandria for the last year, and
this, with the donations made by the
Parish and private individuals, was
amply sufficient to meet the debt. with
ont any other provision being made
therefor by separate ordinance of the
Town Council, and from the action of
the Council which contracted this debt
with the Artesian Well Co., as ex-
pressed in their various ordinances and
resolutions on the subject, indicate
that they did not intend to create any
debt against the Town which could
not be reasonably be met out of the
current revenues of the Town without
resorting to additional taxation for the
payment of the same. The evidence
as to the expenses and revenues of the
Town, in my opinion, justified the
Town Council in such conclusion,
for at the time they accepted the work
there was then Sll0O cash in the treas.
ury, on which they instructed the Ma
yor to draw warrant, leaving four
hundred dollars still due, which was to
be paid as the revenues were collected.
1t is urged that the Town Council
could not make u contract for an inl-
provement of this kind, without first
submitting the same to the taxpayers
of the Town for their ratification or re-.
lection, as required by Art 200 of the
Constitution of the State. This, in
my opinion, and in accordance With
the decisions of our Supreme Court,
was not necessary
Police Juriess and constituted author
tiles of towns and cities have the right
and authority to contract debts for
works of internal improvements that
are within the scope Of their authority
under the law, without submitting the
same to the people for their vote there
on, where the expenditure will not re-
qnire an increase of taxation beyond
ten mills, the limit of taxation provi-
ded for by law. 1t is in evidence that
the taxation of the Town, levied by
the Town Council, is six mills per an
nun, and had it been necessary to
have Increased this rate to have met
the additional expense of boring the
Artesian Well the Town Council
could have dune so without first OBJ.
tanning the consent of the taxpayers
to do so.
For these reasons, and ly reason OF
the law and evidence being in favor Of
plaintiffs, it is ordered, adjudged and
lecreed that plaintiff do have and re.
cover of defendants the sum of fifteen
hundred dollars, with five per cent per
annuu, interest from judicial demand
until paid. 1t is further ordered and
decreed that the injunction herein sued
out by plaintiffs be sustained and per-
petuated, and the Mayor, Thos. Craw-
Icy, be and be is hereby ordered and
required to draw warrant oh the
treasurer of the Town of Alexandria
for the sum of $ll0O in favor of plain.
tiffs, monies in the treasury, in part
payment of said $500, in accordance
with the ordinance of the Town Coun.
Gil requiring it to be done.
1t is further ordered and decreed
that plaintiffs do have and recover all
cost of this snit.
1t is fnrther ordered that the Clerk
of the District Court file this Judgment,
and nntify cnnnsel for both ,,laintiff a nd