The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1901-06-15

the Tensas Levee Board. Briefly stat
ed. the suit was based upon the actiol
of the levee board 10 question remov
ing tram road short distance dur
ing the building of new levee. the re
moval being necessary in order to ena
bic the work to proceed at time whel
delay would have placed in jeopardy
large section of the country which thi
levee WAS designed to protect, AL
the parties to this suit were citizens o
Louisiana, whatever damage may hay,
been done TO the plaintiff in the cas-,
occurred IN Louisiana, and yet the sui
was brought before a Mississippi court
instead of being tried before the cour
which had local jurisdiction over all th,
parties to the transaction In addition
to this Senator Cordill points out tina
the road. which was an insignificant
tram road, mad been returned to tn,
parish assessor for purposes of taxation
for the small amount of $3.50. and thai
the over had permitted it to be solo
for taxes for the trifing sum of $50
but the court refused to admit evidence
going to establish these facts, and the
jury returned verdict of damages in
the sum of IS 900 against the presiden,
Of the levee board and the contractors
who built the leyee, each in his indiyid.
nal capacity.
Pretermitting consideration of the
somewhat unusual proceeding of a
plaintiff going over into another State
to have his CLAIM adiudicated and the
apparently arbitrary action of the court
In barring evidence which would neces-
sarily have had most important bear
ing upon the Issue, the States desires to
confine its discussion of the subject at
this time to the disastrous blow which
this decision, if il be sustained, has
struck against the development of the
riparian sections IN the South. The
law bearing upon the contention set up
that man acting in his Official capaci-
ty and within the limits of the pre-
scribed powers Gamble held personally
for damage resulting from his official
action, is perfectly clear in Louisiana,
and, had such suit been entered in
Louisiana court the party bringing
the claim would have had his suit
thrown out 1t remains to be seen
what view the Supreme Court of Mis-
sIssippi will take of this question, and
upon the final decision rests the fate
of future levee building in the South
1t is perfectly plain that if the judg-
ment of the lower court be confirmed,
and the principle be once established
that levee board officials acting in
their oificial capacity. are to be subject
ed to the annoyance OF being held indl-
vidually responsible in pecuniary
sense for such damages as it may some
times become necessary to infllct upon
private property III the construction of
levees for the general protection. then.
in that event, we have seen an end of
levee boards; because no respons ible
man will be found who could afford |
to accept position where bis private
fortune will be at the mercy of every
person who may object to the pariicu-
AR location or plan of construction |
which may be adopted by the building
If such leyees as may be built in the
uture. If the contractor is held bound |
or damages inflicted in carrying out
he plans of levee boards to which he
las given bond for faithful compliance
With the terms of his contract, there
will be nobody willing TO take con-
racts for levee building, hence il is
eedless to say that without builders
hf,, t,,tl
The blow aimed at river improve.
lent and, The protection of our Riparian
lnds is a deadly one. The result of the
Establishment of the principle upon
-hch the judgment of The lower court
founded can only be to keep all re-
Donsible men in the future from &C.
apting positions on levee boards, and I
ON taking contracts for building {
wees. If. under such circumstances, :
wee boards and levee contractors con- !;
nue. to exist. they must be composed !,
bankrupts and insolvents, men who !.
ave nothing to lose. and hence are
illing to hazard desperately on the !
ere possibility of winning something.
This case. which is now gone up on e
,peal to the Supreme Court of Mssls- a
ppi. is of the utmost moment to every (,
wee board and riparian landowner in U
g South. IL goes further than this. r
fleets every board and every man who =
ay hold public position and discharge
iblic duties. 1t attacks vital prin- !.
pie in public administration and its D
lumph would operate as a calamity to a
e public welfare. The interests of, o
g people would be left exposed to the c.
saults of every adventurer, because "
lblic officers would no., dare to incur O.
e personal liability which might at 9,
ch to their action in defending the ),
blic rights and interests Levee =
Hiding and maintenance would be i'm =
sible because the responsibility would
greater than any reasonable man v
uld afford to incur, and it would be
eaper and safer to move out to the
lis and let the waters sweep unre.
AIMED over the rich alluvial sections SC
the State, than it would be to take d
3 perilous step that would be neces- ~
" to their protection. The various =,
rec boards of the South ought to see :,
it that the case is presented to the -
art in the strongest possible manner, "
lsmgch as an adverse decision would p'
a deathblow administered TO the az
ETY. and progress of the most pro- :
ctive section on the face of the globe.
Ihe same paper IN its edition of Fri
says more on this most vital and
portant question. as follows: ola
The States yesterday discussed some I1
the failures of the far.reaching de- da
ION recently delivered by the lower
art at Vicksburg Miss in case in It
wing the principle of recovering 81
images against public officials in their I,
rsonal capacity, for acts done in pur- w