The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1906-03-17

court house. and for the appropri-
alton of S11O,OOOOO, or as much
thereof as might be necessary to
build a new court house, and
same was passed without submit
ting it to the people.
You explained your vote by say
ing that you voted AYE" on con-
dition that the erection Of a court
house would not increase the pres
/ ent rate Of taxation. That, [ un-
der~tand. is what the police jury
assure the citizens of St. Mary to-
day. .....
| feel sure the resolution
above quoted, when passed in 1903
was neither ''arbitrary, autocratic
or un-American." Ii it had been
| know that you, who are just, not
arbitrary, Democrat, not an au-
tocrat, and a patriotic American,
would not have voted for it. Then
a resolution declaring the neces-
sity for a new court house and pro-
viding for the erection of one to
cost not exceeding $4,000 in 1903.
not being arbitrary, autocratic or
un-American, | am at loss to see
how a similar resolution passed by
the same body can be thus brand
ed in 1906.
You insist that the :, question
should have been submitted to
vote Of the people. In answer to
this | will state that the police jury
is not cognizant of any law re-
quiring, or even permitting, an
election to be held for such pur-
pose.
The police jury of st. Mary has
only such power as is delegated to
it by the Legislature of Louisiana.
The Legislature has delegated the
authority exercised by the police
jury in this matter by Act Of
1913, which is embodied in Sec.
2746 of the Revised Statutes of
1870, and reads as follows:
1.-The police jury Of each parish
shall be bound to provide a good
and sufficient court house, with
proper rooms for jurors; and also
a good and sufficient Jail, at such
place as they may deem most con-
venient for the parish at large;
provided, that when the seat of
Justice is established by law they
shall not have power to remove
it,
You will note from the reading
of this section that it is made the
imperative duty of the police jury
to provide suitable accOmmOda-
tons for the courts.
= Suppose the police jury had ar
Nftrarily ordered an election to de-
ternifne> whether or not a court
house should be built, who would
pay the cost of such election?
Certainly the parish. The po-
lice jury having no authority to
order such election, it would have
no warrant in law to take the pub
lie money to pay the cost of such
an election.
There is just as much authority
in your honorable league to order
an election to determine this
question as there is in the police
jury; and the police jury would be
as much bound by such election
ordered by your body as by one
ordered by its own resolution.
| am satisfied, however, that
neither your honorable league
nor the police jury will order an
election, for elections are expen-
sive, and unless they are binding
and serve some purpose, they are
too expensive TO be INDUCED in.
Suppose an election was order
ed, and it resulted in favor of the |
building of new court house,
yet, any citizen would have the
right to apply to the courts, and
if he could show that court house
was not needed, and that it was a
waste of public monies to build
one, could prevent such build
ing by judgment of court. Or,
on the other hand, suppose the
election declared against the erec-
ton of a court house-any citizen
could resort to the courts, and if
he could show that new court
house was necessity he could by
a maDdamus issued by the district
Judge, force the police jury to pro-
vide a suitable court house.
So, an election could not be
legally ordered, but if ordered,
in violation of law, it could serve
no purpose, since neither the peo-
pie nor the police jury would be
bound thereby
The next question your letter
propounds is: "Why should the
people not be consulted?" II
l answer that the people have
been consulted. Once every six
months there is assembled in the