New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1902-05-31
THE DRAINAGE QUESTION,

Mcllhenny, and the proceedings
had in the town council herewith
are self explanatory and will repa,
perusal by our readers for the,
will in great measure explain th'
delays of the very important publl
improvements contemplated by on
citizens. With the amendments a
suggested by Mr.. Broussard, al
Inconsistencies aud conflicting in
terests will be eliminated and tn,
work can go forward with out fur
Their delay which will be a matter
of congratulation to all our people
May 20th, 1909.
Hon. John McIlhennv. Baton Rouge, La.
Recurring TO our conversation at The
Riggs House. beg II inclose You here
with two acts which | have found iequis
tie in order to correct the difficulties tha
have caused the failure of the cutting o
the New Iberia & Bayou Carlin Drainage
Canal. These two acts have been care
fully drawn by me after n very careful
study of Act 30 of 1900 Act ia of 1900
Act : of 1890. Art. 2Sl of the Constitution
Of 1898 and the decision of the Supreme
Court in the case of the Mayor and Board
of Trustees of the town of New Iberia vs.,
The New Iberia \ Bayon Cnrlin Drainage
District. and the parish of iberia VS.. The
New Iberia X Bayou tarln Drainage Dis
trici consolidated. being found in volume
LOG, Louisiana Reports, page G5l.
In order to explain all the conditions
surrounding the failure of the law under
which the Drainage Commissioners ofthat
drainage district failed to carry out the
desire of the people of New Iberia and
vicinity of cutting u canal for drainage
purposes from New Iberia to Bayou Can,
| lin, | shall here give YOU brief state
mcnt of the main differences between the
| two acts | send YOU and Act II of 1900
| and Act b of 1900 in so far as they con
| ilict with Act of 1899 and Act ia Of
1900. Taking the decision of the Su-
premc Court which | have referred to
above rs basis of the presentation of
these facts, which must be done in order
to reach logical solution, | have found
that two fatal drawbacks exist in the vari
Gus acts referred to above, and | shall
summarize them in as few words ms | can.
First. Act ~ of 1900 vested the Police
"
district, and vested the commissioners of
that district with the right to order an
election. contract debts, incur obligations.
and float bonds to carry ont the project
contemplated by the Police Jury in Great
ing such drainage district Act ia of
1900 withdrew the powers of ordering an
election, mourning debt and floating bonds
for the purposes mentioned above, and
vested the Police Jury with the right to
do these things. SO that when the Board
OF Drainage Commissioners of the New
Iberia 4 Bayou Cabin Drainage District
undertook to act under Act II of 1900 an
injunction stopped 1t under decree of the
Supreme Court on the ground that author
ity was vested In the Police Jury. This
applied to that portion of the territory in
the drainage district situated without the
corporation of New Iberia In as much
as that portion of the territory situated in
the corporation Of New Iberia was con
celned. under Act - of 1900. Paragraph
8, the Supreme Court held that the mum
cipal authorities alone could deal with the
question and that the Mayor and Board of
Trustees were under that act ex-officio
drainage commissioners. So that under the
decision of the Supreme Court the extra
ordinary and anamolous condition pre-
scented itself that this project was ueees-
sary to our people, both in and out of the
corporation, and had to be handled by
three distinctive political bodies First. the
Police Jury of Iberia, next. the Mayor
and the City Council of New Iberia, and,
third, the Board of Drainage Commits
sioners, and the latter body in reality had
no more power over the proposition that
you or as individual taxpayers in the
district could exert. II will appeal to
your Judgment that no project of public
import can be successfully carried on.
that contempates the management by
three political bodies; and. the two bills
that | send you are intended to correct
this impossible condition and to vest in
the Board of Drainage Commissioners
such powers in regards to this project as
the Constitutional Convention intended il
to exercise by virtue of ArtP 26 of the
Constitution of 1898.
Now, to detail the changes. Act No.
IL of 1900 is proposed to be re-enacted
with one single change and that in sec
ton ten of that act So that You need not
look to any other changes in the bill sent
you as compared with the Act No. II of
u
self provided for joint action on the part
of two political bodies having an identity
OF interest, eliminating from the first part
OF that section as written in the law
municipal corporation, and enacting
new part to that section providing for
joint action on the part of municipal cor
porations not subject to the jurisdiction of
Police Juries and drainage districts where
their interests are identical This pro
vision have judged wise to change in so
far as the composition of the drainage
district is concerned, and / know that
your fight two years ago on this same sec
ton justiiies me in believing that you will |
approve of the method have provided for
the organization of this joint Board in |
drainage district jointly organized by the
Police Jury of the Parish and the officers
Of municipal corporation where the leg
islature has Invested the Police Jury of
jurisdiction in such corporation.
The Board under these circumstances.
which specifically applies to the project
we have in mind, is to be constituted of
two men appointed by the Police jury.
two by the City Council, and one by the
Governor. That would have been amply
sufficient without the other act that send
you but for the fact that the corporation
1f New Iberia is exempt from the iuris
fiction OF the Police Jury Of New Iberia
. exempt from the jurisdiction OF the
Police jury of iberia Parish and. there
ore, it necessitated by amending Para
graph of Act 30 of 1900. This amend.
nent in no wise Affects the rights of the
'fticers Of the town Of New Iberia, or any
'ther town similarly situated of organizing
Is own drainage districts within it's cor.
'orate limits, but it merely extends that
light by authorizing the Council to con
ur with the Police Jury and to co operate ,
With 1t IN forming drainage district and
cooperating in the organization OF a com ,
mission to manage the business Of said ,
district where there is identity Of interest ,
etween the corporation and that portion ,
the Parish included in the district.
Should this letter be not as clear "a | ,
esire to make it, and should you have
ny doubts as to the meaning Of any part
{ 1t, shall be more than pleased to hear
rom You on the subject. Meanwhile. | I
'ould ask you to introduce both of these G
Measures at once, and ii there is anything !
ambiguous about them, which | hardly 4
link is the case, we can make colrec- i
ons hereafter. Il
These two bills are the result of very q
nature thought, careful and long study on I
.,.A I 1. A