The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1907-05-18

| assembly could not authorize board created
/ to maintain levee system, to build dams and
/ thereby destroy that levee system, it could
| divert funds raised for the former purpose to
| carry out the latter. But the act of 1902 goes
| still further: it makes it incumbent on defend
ant to maintain a stream of water sixty feet
wide by six feet deep, to dredge said bayou,
construct pumps, syphons and other appurten-
| ances, ETC., with moneys raised by taxation
and dedicated by the constitution to maintain
i a IeYee system, TO erect, repair and maintain
levers. It is difficult to conceive how the posi-
tive mandate. of this statute can be carried out
without openly violating articles 238 and 239 of
| the constitution.
sit would be impossible to strike with nuIlity
section of the act which contains the above
proyiso without nuliifying the whole act as its
working indicates that these provisions were
| the main considerations and conditions upon
which the dam should be built, and it can
hardly be presumed the legislature would have
passed the act without them. (Greenleaf, 9Th
ed, p. 211; Black, par. Al 81 A. 742).'
On the trial of the issues in this case, Mr.. A.
PerrllIat civil engineer and member of the
state board of engineers, testified as follows:
THAT fact together with others has caused
the engineers to come to the conclusion that it
is not practicable to protect Bayou Lafourcbe
by leVees along its banks and certainly not
within any reasonable costs. As a result of
that recommendation the closing of Bayou
Lafourche by locks and dams which would
give absolute protection to Bayou Lafourche
at cost far beyond less than what would be
required to build levee and cost much less
than what had been expended within my ex-
perlence with satisfactory results.
20. How much has been expended within
your experience during the last ten years?f
"A. / have stated that from 1891 to 1900
funds were, expended at the rate of $120,0C0
year. The lock and dam project is
simply one to build levee at the head of
Bayou La[ourche and strong and big enough,
because a lock is nothing but special kind of
!eYee bullt OF masonry and with a hole through
1t so that vessels go through it. **$
FROM the standpoint OF leVee building dam
of earth at the head of Bayou Lafourche would
accomplish that purpose as cheaply or more
eheaply than any other method, but by in
structions from the legislature lock was
ordered and therefore this dam of earth is to
be replaced by specially built leyee which |
will take the part of locks. Now in order to |
build this lock with as much economy as pos
sible it is desirable to build dam in front of |
1T during the process of construction SO al TO |
prevent being interrupted by any water and I
also SO that the work of building this lock
can.be carried on more economically and that |
Is the purpose of this project. "
The supreme court in the 10 l.. 767 upheld |
tue constltutlonality of these statutes Justice |
breaux as organ said: In our opinion, en-
bankments, locks and dams are not leyees but
they may enter into and form part of com
prehensive system of leveps mentioned in the
statutes relating to leyees.''
Be 1t resolved, That the very foundation of |
peace and good order is based upon our ex-
pllclt obedience of the law. 1t is the boast of
our American people that this government is
one of laws and not of men and we greatly
deprecate the attempt being made by the pub
llc bodies of our sister parishes to influence |
the sworn servants of the people to idisobey |
their plain and unambiguoIs duties and Nv
captious objections to thwart the will of the
sovereign people as expressed and laid down |
by the highest authorities.
Be it resolved further. That all the questions |
as to the building of the locks is now thing
adjudged, and not open to discussion: The
plain and only duty of the levee boards under
their oaths of Office is to build the locks to do
less is plain and palpable violation of their
sworn duties In full accord with the peopie
as expressed in the meeting of the two levee
boards held in Donaldsonville at the request of
he governor, we call upon the levee boards TO
build the locks without unnecessary DELAY,
Be it further resolved. That copies of these
'esolutions be transmitted to the governor of
he state, the levee boards, and the nress of
his parish and of the city of New Orleans
Frank 5. Drolla, of New Orleans, addressed
the jury in the interest an appropriation fer
he Convalescents' Home. and on motion of Mr.. 1
Alos, seconded by Mr.. Goette, the sum Of $50
vas contributed to that institution, roll.cau
esulting as follows: Ayes-Reuss, Bergeron.
lays-none
Mr.. Bergeron offered the following raso. /
utions
Be it ordained by the police jury of the parish
ASCENSION, That the sum of 1929. 80 be and the :
anne is hereby appropriated out of the general =
nnd to aid and assist the building committee t
the Brusly Sacramento public school in the =
ompletion of the same, the sum of $500 to be +
ald at once and the balance of S629.30 to be
ayable on the first day of January, 1905 and 4
D be included in the budget of expenses OF the
arish for the next fiscal year, commencing
uly /, 1907. C
Be it further resolved, That said sum shall Q
e paid by the parish treasurer to the school
oard, who are hereby authorized to disburge =
le same for the purposes herein mentioned =
lth the cooperation and concurrence of the y
1lldIng committee of said school. g
On motion of Mr.. Bergeron. seconded by Mr.,
sneanit. the resolutions were adopted roll n
Ill resulting as follows: Ayes-Renss Berge- r
N. Goette, Esneault, Armitage, Klos Sevario {,
r
The jury adjourned. r
trne copy. A. A. Killing, Clerk. L
Sowing to lack of space the publication of ID
10 statement is deferred until next waek-En