The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1897-06-12
THE DECISION OF THE So.
PREME COURT.

In response to some inquiries re-
gard;ng the decision of the Supreme
court rendered last Monday week in
the case of the Police Jury of Lafonr-
che VS.. the Police Jury of TerrAbonne,
We deem it best to print the decision
IN erteaso, believing it will prove
of sufficient interest to many Of our
readers to warrant 1t. We are enabl-
ed to give the decision in full through
the courtesy of Messrs. Clay Knohloch
& Son who have furnished us with a
copy.
Mr.. Justice Blanchard. as the organ
OF the court (all other judges concur
ring delivered the following as the
decision of the court =
In 1922 an act of the Legislature
was passed creating the parish nr
Terrehonne Il Of a certain portion of
the territory then forming what was
called the Lafourche Interior. The
act specifically defined the hounda-
ries of the new parish. Subsequent
IL. by act of the Legislature passed in
1880, the western boundary Of the
parish of T%rrrehnnne was altered.
Dispute arose between the mother
parish and her offspring as to the trne
location of the eastern boundary of the
Younger parish. and IN 1881 this enl-
minated in the institution of a suit nv
the parish of Lafonrche against the
parish nf Terrehonne, the object of
which was to have iudicially ascer-
tanned and established the line be-
tween the two parishes as defined by
the act of the Legislature.
The cause of this dispute was the
ambiguity of language describing
boundary limits of the new parish, in
the act of 1922.
Between the respective contentious
of plaintiff and defendant was a strip
of country constituting the disputed
territory, and to definitely settle and
determine to which parish it righfully
belonged was the purpose of the suit.
The case was tried in the parish of
Terrebonne and there was Judgment
sustaining the contention OF defend
ant. An appeal was taken to this
court, and, in Aprii. 1882. an opinion
and decree vas handed down. revers-
ing the Judgment below. and estab-
fishing the boundary line in accor-
dance with the contention of the
plaintiff. Sec. 34tll. Ann. 1890.
A rehearing applied for was refused
the Judgment became final, and,
thereafter, the Of property in
the disputed territory paid taxes in
the Parish of Lafourche, their acts of
sale and mortgage was recorded there.
electors voted and performed jury
duty therein. and the public schools. !
bridges. and roads of tie disputed
territory passed under the control and
jurisdiction of the Parish Of Lafour-
che.
Matters continued thus for a period
of Twelve years, or until 1894. when
another litigation sprnng up between
the Parishes. This time it was over
the oyster beds in Timbalier Bay.
Again the mother Parish of Latonr-
che took the initiative against her
dissentious offspring. A suit was
filed IN the Parish of Terrebonne set
ting forth that in the previous litiga-
ton the location of the boundary line
between the parishes lIad been def
initely and finally fixed and that the
same was res ddjudicatd. 1t was
claimed that this boundary line on
the South West of Lafonrche and
South East of Terrebonre was a
stream called Bayou Du Chene,
otherwise known as Bayou Pointe au
Chen and sometimes as Rayon Du
Chene) which empties into Tlmbalier
Bay at its Northern extremity, the
prolongation of which line, through
the waters OF the Bay would about
equally divide the Bay and result in
giving the Eastern part thereof to the
Parish of Lafourche and the Western
part to the Parish of Terrebonne.
The averment was made that in
that portion Of the Bay falling on the
Lafourche side of the line were valua-
BILE oyster-beds which, notwithstand-
ing the previous suit and decision, the
defendant parish continued to assert
title to, and dominion and control
over. by claiming the right to issue.
and by issuing, licenses to those who
pursued the vocation of oyster fisher.
men in that part of the Bay.
Judgment vas asked %decreeing the
boundary line between that portion of
the parishes, as fixed BIZ the final de-
cision of this court to be a line pro-
from the mouth of Bayou
Chene through Timbalier Bay, and
awarding all the oyster beds on the
East OF such line to the plaintiff Par
ish, etc.