The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1910-10-29
Drainage Case Decided.

"h'' peHCiS, ntNnShib6 tuO CiCItiOiI
at which a special drainage tax
Was voted, was tried and decided
by Judge Simon in favor of the
tax, the full decision and reasons
given are here given in full
dumas Bernard 1t ais
W..
Bayou Portage Drainage District ct ais.
18th Judicial District
No. 1886
Parish Of St. Martin, La.
REASONS.
The Plaintiffs are cOntesting the le-
gallty and cODstitutionaiity OF the Acre
age or Contribution Tax levied by the
Board OF Commissioners Of the Bayou
Portage Drainage District. and also the
election held for that purpose in said
DistIic for numerous reasons stated in
their Petition. aud prayed that a writ OF
Injunction issue in the premises aud
that it be made perpetual.
DEPENDENT pleaded the general issue.
aud alledged the legality aud Constitu-
tionallty of the Tax, and The legality Of
the Election, and prayed that the Writ
of Injunction lie dissolved with damages.
Following their numerous grounds If
rntunlainf CONTAINED in pIaintiH,. pn,,
ton. and after careful examination Of
the Record and the Law, have reached
the following opinion Oh each ground
separately:
First:
find that the Bayou Portage Drainage
District was legally and lawfully crea-
ted, and that all Of the fOrmalities re-
CURED aud necessary for the organiza-
tlon Of such IA Body were fully complied
with. aud carried out as directed and
prescribed 10y Act No. l59. Of 1902, and
Section 2sl of the State Constitution of
1898. as Amended by Act 800 of 1905.
under which the Drainage District was
created and the Tax levied. find that
that portion of The Territory of The Mu-
nlcipai Of st. Martln,ille was legally ill.,
cluded IN said Drainage District as au-
thOrlZed and directed 10y the Charter of
said Town. aud 10y Section 10 of said Act
OF 1892, BY said Charter, full jurisdic-
ton over the Territorial limits of the
Town. ia whole or in part for Drainage
District purposes. is vested in the Police
Jury. This Charter, as Amended, WAS
approved by the Attorney General Of the
State, aud by the Governor, as required
by Law. lOi La. 1913.
Second
find nothing to Warrant the Court to
hold that the Drainage District unIaw-
fully included therein land that cannot
possibly be drained Oh account of
high ridge or otherwise. nor that the
d ainage would not be ben, fetal to their
lands. Drainage Districts a. a rule are
always beneficial to the whole Commu.
nifty whether rural or ban, and more
especially to the lands and the people,
living in the District. According TO the
evidence in the Record this District
would be no exception TO the Rule. The |
advancement Of such a proposition at
this time, strikes me as being prema-
ture.-brcause such fact can only be de |
monstrated after the completion of the |
contemplated Drainage System. But
this ground of attack falls fat upon the
decision just cited in the l03 La JOB.
Third ard Fourth
The Petition fer the appointment of |
the Commissioners was drawn according
10 law. and contained all the recitals re-
quired for their appointment bv the Po-
lice jury and the Governor.
Ii stated the value of property owned
by each Petitioner in the District, and
hereunder the Commissioners We're ap-
pointed. were Only commissioned and
qualified according to law.
The non-attestatiOn Of the assessor
does not strike the proceedings with
nullity.
Five and Six
The allegation that the Tax would be
used for other purposes than intended is
not borne out by the Record. But ma
vigable canal built to connect with a