The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1901-06-15
Effect of the Mississippi Court
Decision on the Lesees.

We copy below an interview ha'
by the Daily States with Major G
c. Cordill aud two strong editorial
from that paper commenting Oh th
interview had with that gentlemar
in regard TO the decision of tn
court of Mississippi at Vicksbnrg
few days ago. This decision is ia
reaching, and if it is not reverse,
by the Supreme Court of that State
it will be deathblow to levee con
struction for all time to come. w,
believe that the case will be re
manded, for several reason set tortl
IN the strong editorials written BY
the States. and that on its second
trial our leyee board will win the
suit. The decision in this case does
not look like reason or justice:
In one of the Mississippi state cir.
emit courts. several days ago. at Vicks-
burg. a jury rendered a verdict in the
sum of five thousand dollars against
President Mcclellan OF the Fifth Dis
trict Levee Board of the State of Lou
isiana and Hulgerson Brothers. con-
tractors SUIT for damages in the sum
of twenty-five thousand dollars had
been filed against the plaintiffs. The
case attracted considerable attention
because OF the surprise occasioned that
the matter should have been accorded
bearing in a Mississippi court. as all
the parties at interest are citizens OF
the State Of Louisiana. Among the
exceptions raised by the attorneys for
the defendants was one as to the court
having Jurisdiction. but they were all
promptly overrulsd and the defend
ants were forced to trial with the re-
suit that the jury returned the above
mentioned verdict.
Senator c. G. Cordill, member of
that levee board. who was also made
one OF the defendants to the suit, chat
ted with reporter of the States, last
evening, about the matter. and IN the
course OF conversation. said
''In 1899 the United States govern
ment started the construction of
levee in the parish of Tensas that is
something over seven miles long, and |
containing about 100000 cubic yards.
There was little tramway extending
from the Mississippi river out to Lake
Bruin-a distance of about a mile and
3 half--over which the cars are drawn
by mules. When the work on the
levee reached that point where it was
necessary TO cross the tram, the presi-
dent of the leyee board moved it about
one hundred and fifty feet. injuring it
in no other way. The levee authori-
ties hgd no objections to the building
OF approaches for the tram to cross the
levee as is customary in the cases not
only of all other trans OF similar
character On, of the great trunk roads
as well that approach the Mississippi
river.
1T occurred to the person claiming
to be the owner of the road to bring
suit ip the State of Mississippi against
The president'of the levee board, the
and myself. individually
and in solido. Now the road was
never OF any great value; never made
any money and in the nature OF thing s
could not make any on account of its
location, fact called attention to at
the time OF its building. The position
The president OF the levee board was in
was either to remove the tram as he
did or to suspend work on the leyee at
that point. thereby affecting the entire :
line OF the levee anu leaving not only +,
The northern portion of the state liable
TO overflow and ruin. but the south.
western portion of the state rs well.
"The case was brought to trial in
vicksburg and a Jury empanelled which
returned verdict of five thousand {
dollars against the defendants. We {
we're not permitted to show that the {
owner of the road had returned it to ,
he parish assessor of Teusas for $3.50 ,
tor the purpose of taxation, aud that
was at time when it was not affected s
N anywise by The complained Of reno {
val of the portion referred to as OBJ. Z
the construction of the Ievee
Nor we're We permitted to prove that j
he alleged power had allowed the tram /
% be sold for taxes for the sum of s
hirty dollars aud has not offered to re- 1
leem it since. II
The case has been appealed to the ]
supreme Court of Mississippi. 1t is !
apparent that if the levee {
'tficials who receive no compensation j
ire to be treated in this manner, it will q
20 extremely difficult to find solvent 8
'erscns willing to serve as members of {
evee boards.
The officials in this matter were act
ng in accordance with the laws OF the S
tate of Louisiana, Interpreted by our I
lghest court in the Bass ease from I
last Carroll and the Rush case from c
be town of Carrolltor. A large and 8
be richest portion of the State of Mis- |
issippi is allnvial land protected By
svees just as we are in this State. 1t q
easy to be seen how antagonisms can c
ring up in one State against The othef Il
'hich is bound To result in injury Ia t
9th. Our laws are perfectly plain Y
bout all the matters provoked in this /
lit and for that reason the plaintiff Z
ok a chance shot in Mississippi. hope b
1 to avail himselfo of the local preiu. d
ces of the people of Che highlands b
'ainst those Of the lowiands.r b
"a