The Louisiana Democrat., 1889-06-05
DECISION OF JUDGE w. F.,
BLACKMAN,
IN THE CASE OF SOUTHERN ARTRsIAN
WELL Co. vs.. TIE CITY OF
ALEXANDRIA.

! loWn, to-Wlt' 10 SILK wen OF
10000 gallons per day natural flow,
10000 gallons pumping capacity,) for
the sum of $4,000; $4,000 galloas nat
ural flow 10000 gallons pumping ca
pacity,) for $500. Anything under
$4,000 gallons natural flow being re-
garded failure."
Under this agreement the Well
Company commenced operations and
continued the work until its final com.
pletion.
The Town Council accepted the
work and approved the bill of the
Well Company for $500, as per con-
tract, aud instructed the Mayor to issue
warrant in faver of Mr.. Isaac Feitel
for the amount in the treasury, viz {:
sll00, in part payment and to give Il
certified account for the balance, viz {:
$4,000.
Under this resolution the represen-
tstive Of the Well Company called on
the Mayor for a warrant, which the
Mayor, Thomas Crawley, refused to
give, whereupon the Well Company
instituted this suit against the Mayor
and Town Council for the recovery of
the SUN of fifteen hundred dollars, at
the same time obtained an Injunction
restraining the said authorities from
paying out or otherwise disposing of
the $ll00 in the treasury, which had
been set aside for the payment of the
we'll.
The Mayor and Town Council an
swer in substance to this demand, that
the contract sued on can not be en-
forced, for the reasons that the Town
Council had no authority under the
law as contained in the charter of the
Town, to make any such a contract,
and further that no provision was ever
made for the payment of the debt
when it was created as the law pro.
vides.
Without entering into any lengthy
discussion as to the powers granted
to the Town authorities to contract
debts, and the purposes for which a
debt can be contracted by them, it is
very evident to my mind that the
Town authorities had the right to make
this agreement, it being, if not abso-
lutely granted by the charter, inciden-
tai thereto, and fully implied therein.
10 work streets, construct wharves, to
supply water in cases of fire, and con-
tract debts for these and other purpo.
ses, to be paid ont of the current reve-
uues of the Town, for that and future
years, is power that inherently be
longs to municipal corporations, and
which are aud should be exercised for
the convenience, health and safety of
the citizens Of the Town, without the
charter, in so many words, expressly
granting the same. The Town Coun-
Gil had the right to determine on the
best, most expeditions and economical
way Of supplying water for the fire en-.
gine, in case Of fire, and had the right
in furtlerancc Of this power, to declare
that an Artesian Well was better THAI
tanks or cisterns, and to contract for
the boring of the same.
But defendant Corporation says,
that if the Town Council had the ex.
press or implied power to make the
contract, which they did with the Ar
tesiau Well Co.,-yet the contract is
void, and cannot be enforced, because
the Town Council did not at the time
the debt was created to provide for the
payment Of the same.
1t is true that section 244S of the
Revised Statutes provides: "That the
Police Jnries of the several Parishes,
and the constituted authorities of iu-
'corporated towns and cities in this
State, shall not hereafter have power
to contract any debt or pecuniary liza
bility. without fully, providing in the
ordinance creating the debt, the means
of paying the principal and interest Of
tho debt so contracted"
The evident motive Of the Legisia-
ture was, by the adoption Of this Sec
ton, to prevent municipal cxtrava-
gance by requiring the corporate au-
thorities to provide for the payment Of
the debt in the same ordinance that
created it, SO as to keep the taxpayers
advised Of the burdens which they
would be compelled to bear and give
them an opportunity to hold their
AGENTS offieiallv responsible f,r the