The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1906-04-07
The FRANKLIN COURT HOlISE
CASE DECIDED.
The Injunction Being Refused

The Injunction Being Refused
| For the hrnetit Of our readers
and the public in general, We pub
lish in full the Judgment rendered
by Judge al hoe Bornh in the an
plicatlon for a writ 81 Injunction
to restrain tn" Police Jury from
erecting 4 NV court house in the
town OF Franklin, applied for be-
fore Mr.. q. + Rorah. Judge al
hoe, vice judy, A. { .Alitn. rr-
cusiDg himself. which j. a very
able and lengthy opinion. Tn,
opinion state, fully the cause ot
action as set up by the plaintiffs.
the issuance Of the rule nil, tn,.
answer 70 the rule, the ruling oil
the court refusing IT, consider any
documents except the ordinance
OF the Police Jury, passed at the
time, to erect a court house. and
also the refusal Of a supplemented
petition filed by the plaintiffs a.
ter the rule MS! Wis tined Tnr
opinion j. a. follows:
JUDGEMENTS.
The purpose of this >uit J. to pre-
Vent thu Police jury OF the Parish of
St Mary from dcmni-hing the PR
sent court house and erecting Il ur~
one in Franklin. the parish seat of
said parish. and u restrain h{ in
Junction any further action or 0ro-
ceeding on the part OF the said iutir,.
jury to that end.
The plaintiffs. residents Of tiIt Par
ISL Of st. Mary. aver that they arr,
taxpayers in a sum exceeding Two
Thousand - oo0. 90. and therefore
have a common interest in bringing
this suit
They alle-r that the i'olco Jury OF
the Parish Of ST Mary. IN lS.12. fur
ni,hed said parish with large. com
modioas and sufficient court house:
that this court house still exist, and
still >utficeS for all the necessary pu-
poses of a court HOUSE.
They alleoe that th, Police Jury OF
the Parish of St. Mary. on March 9th
1906. adopted Il resolution providing
for the demolition of the old and The
erection Of a new court house and APP
propriating One Hundred ana Fifteen
Thousand (Sll5 100000. or 50 much
thereof as might be necessary. for the
purpose OF carrying said ordinance
into execution.
They set out other conditions Of
said ordinance. ana aver that the
same is null and Of no effect for the
following reasons:
First: Because the Police Jury of
the Parish of st. Mary ha, no power
to erect new court house when Il
good. sufficient. dura bic and safe one
already exists: that the alleged con
demnation by expert architects of un-
safety are false and used by the Po-
lice Jury to oppose an oppressive and
useless tax for an unnecessary and
extravagant building.
Second: Because the Police JURY
has made no estimate Of the present
or future revenues of the Parish of St |
Mary out of which to pay the cash |
payment of Ten Thousand Dollar,
$50. 0oo.oo) and the credit tallmentS |
that the ordinance provides shall be |
paid out of the revenues of the wears |
1906 to 1919 lnclusivc-WithOut which. |
they aver. it Is impossible to provide |
for future payments: that there is. /!
they believe. no money in the trea >ury |
TO pay the cash payment Of $4,000. 90. |
and that the Police Jury has no right !
TO take the further sum of SlO.OOO 90 |
out OF the revenues Of 1906 with five |
per cent. interest thereon to be evil
1enced by certificate or certificate, of
he Police Jury. as only the revenues
If future years beyond the year of APP
preparation can he devoted to public |
purposes of any kind: that Act b of
1902, under which the said Police jury
to make the appropriation.
5 unconstitutional in that it violates
articles 81 and - Of the Constitution
# 1898.
Third: Because the Parish of St.
Nary is not in d financial condition
o build court house costing Sll3.-
100. 90 because there was a deficit Of
ia, 100000 at the beginning of the wear
905, which plaintiffs were Informed
md believe was paid by BORROWINGS.
nd for the further reason that the
'Olice Jury has not provided for said
curt house to be built under a CON
ract.
Fourth: Because the taxes by
hitch the fund is acquired and to be
for the ensuing ten year, are
OF equal and uniform in that they
re derived from portion of the tax
ayers of the Parish OF St. Mary ONLY.
ne residents and tax payers of the {
own of Franklin not now paying. |
or Tor many years past. having paid
ny parish tax: and that to levy tax I
,r this or any other purpose on the t
lie citizens OF the Parish of ST. Mary !
of the citizens of the Town :
Franklin Is unconstitutional and {
old. |
Plaintiffs specially attack the pre- c
mble to the aforesaid resolution and {
enounce As false that norton of the I
reamble wherein it sets out that a
GARD OF expert architects condemned i
ild court house as no longer filing l
lp needs Of the l11hli1. NJ IT,. ~