The weekly Iberian. (New Iberia, La.) 1894-1946, 1905-08-19
Injunction Issued.

Ldsl Wctk puDllCdtiOu was
made in these columns of some
reasons why the City Council felt
itself called upon to carry out
the requirements of the law and
fill vacancies existing on the wa
ter and light board of commission
ers. Note was also made that the
new members had been enjoined
from acting.
The petition for the injunction
was signed by Messrs. Geo w.
Dallas and Jerry w. Taylor elect
ed under the old charter to serve
till the lst Monday IN December,
19O6-and by Messrs. Cyril +.
Reynolds and Eug. Guillot, whose
term Of Office under the charter OF
1900, would have expired in De
cember, 1908. In the petition the
following averments are made.
That conformably to section 2
of Act No. 33, of 1900 Of the Leg
isiature the petitioners were elect
ed to membership on the Board of
Water and light commission and
that they have so served since.
They have under the law fran
chise in this office and cannot be
removed therefrom except as pre-
scribed by law.
The petitioners then show that
the council adopted a resolution
"purporting to vacate their Office
at the same time naming success
sors,-"all contrary to law and in
violation Of their vested rights
and in derogation of their respec
tive franchises to the office in
question"
"They show that no attempt
was made to remove them for
cause, nor indeed, were any cause
ascribed save the illegal, unwar
ranted and unjustifiable assump
ton on the part of said Mayor
and Board of Trustees of the City
of New iberia that the General
Assembly by section 4 of Act No.
43 of 1904 of the General Assem-
bly, OF the State of Louisiana legis
lated your petitioners out Of office
and declared their respective off
ces vacant"
Your petitioners show that
even If such had been the intent,
but this intent they specially de
nv, of the General Assembly to
legis'ate them out of Office, the
provision undertaking to do this is
unconstitutional, null and void,
a I'd contrary to the Constitution
of The United States and the Con
stitution of the State of Louisiana
IN this, in that it undertakes to
r. move officers duly elected and
acting for specific term and hav
iny a franchise to the Office with
out ab fishing the Office and add
tionalIy b cause it substitutes a
proceeding of other than that pre-
scribed by Articles--Of the
Constitution of the State Of Lou
isiana, which articles prescribe
the exclusive mode of removing
officers without abolishing the
office to which they we're elected" :"
The petition further AYERS that
the new members ''are now under
taking to illegally, wrongfully and
wantonly wrest the management
and control of the waterworks and
electric light plant from your pc
tltioners and the other two mem
bers of the board, and are serious
lv nv variOns and divers acts of in
reference impairing the useful
ness and efficiency of the SAID
plant over which your petitioners
and other members of the Board
have control all of which
to the irreparable injury of your
petitioners as we'll as to the
plant.
They pray for an injunction.
Under the law the petitioners
are not entitled to salary or emo
luments, "Yet computed in money
the satisfaction of performing a
,ublic duty and the laudable
pride felt by them in the premises
is worth to each of them the full
sum of $500, and that further
the various acts of interference
afOre referred to have caused All
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