The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1909-07-24
SATURDAY, July "a, 1909.
The Canal Injunction.

Jndi ial District Court In and for the
Parish of st. Martin. Louisiana.
The Petition of the Jeanerette Lumber
Il Single Company, A Corr Grafton char
tered under the laws Of Louisiana, do
miciIed and doing business in the Pa
IRISH of Iberia, La, Of the Iberia Cypress
Company. A chartered Corporation I'M
der the laws OF the State. and dOmiciled
and doing business in the Parish of he
ria. Louisiana. Of the Frank b. Williams
Cypress Company. Of the Kyle Lumber
Co. Ltd, both chartered Corporations
under the laws Of Louisiana, dOmiciled
AMI doing business In the Parish of St.
Mary. Louisiana, all four Corporations
being duly authorized by their different
Board Of Directors, to Institute these
proceedings, and Of John j. Burdin, Of
the Parish of st. Martin, respectively
shOweth:
That they are the owners of several
thousand acres Of land situated i'm the
2nd ward Of the Parish of st. Martin.
Louisiana. and are heavy tax payers in
said Parish, and are interested in the
Government of its ParOchial affairs. and
more especially in the taxes special, and
general levied Oh their property in said
Ward.
They show that on Petition allie
ged to have been signed by one fifth of
the tax payers, qualified to vote in said
second ward Of the Parish of st. Parish,
the Police Jury Of said Parish has, Oh
the 9TH day of June. passed and adopted
an Ordinance ordering an election in
said Second Ward for the purpose of
submitting to the property tax payers
Of said Ward the Question OF levy on
all tho taxable PROPERTY therein situa-
ted, special tax Of three and a half
mills Oh the Dollar for a Period of ff-
teen years beginning with and inclu-
ding the year 1909. and extending to
aud Including the year 1924, the pro-
ceeds OF said tax to be applied exclu-
sively Tor the construction of a naviga-
bic Canal from the Bayou Portage to
Bayou reche at st. Martiuvillr, the title
OF which shall vest i'll the Public, as ap-
pears by said Ordinance here attached
for reference, and published in the St.
Martin BANNER. the official Journal Of
tie Parish.
That ~ carry out said ordinance j. G..
Blcnvenu. A. Derneyai Roy, and Alfred
Delaune supervisors OF Election in aud
for the Parish Uf ST. Martin, have issued
an election resolution and notice in
which claiming to act by virtue of the
authority vested in them. they order and
give notice that an election will be held
OIL the 22ni tay Of July A. ID. 1909, for
the purpose set forth in the Ordinance
OF the Police Jury. adopted June 9Th, |
1903, as above set forth. and in which |
they nalne the Polling Places where the
voting al said election will take place, |
ami appoint commissioners vi Election |
and Clerk Of election, as more fully ap-
pears 10y copy annexed Of the st. Martin
Banner the Official paper Of The Parish
Of ST. Martin.
They represented that the election 10
be held under said ordinance Of the Pu-
lice Jury. aud the imposition Of spe-
cial tax of three and II half mills there
under OH all the taxable property situa-
ted l., the 2nd ward Of the Parish of ST.
Martin, is illegal, null, and void for the
reason. that the Police Jury has no au-
thOrity and power under the COnstitu
ton and Laws Of State Uf Louisiana, and
under the guise Of Public improve
ment, 10 cut and open ii navigable canal
to unite the Bayou Portage and the Ba-
you Teche. as such public work are State
Public improvements and fall within
the Jurisdiction and powers of the At
Levee Board aud Of the State
Board Of Engineers. and is not in said
Board, then in the Government Of the
United States Of America.
Because il the Police Jury has any
such Power, which is denied, and may
order an election for the levying of
special tax for the purpose of making
such public improvement, they re-
spectiuiiy show that the Ordinance of
the Police jury Of the Parish of st. Mar
tin adnnfa d on tha eth dav of lima !