The Caucasian. (Shreveport, La.) 1900-192?, 1910-08-07
A LEGAL OPINION CONCERNING
THE PROPOSED.
HALF MILLION BOND ISSUE
The Authority of the Police Jury is
Limited-CouId Not Issue Bonds for
Construction of Public Roads But
May Levy Tax for This Purpose.

While the construction of public high
ways has been the topic Of discussion for
some time past, especially the ambition
of the Police Jury to provide ar election
at which to vote a half million of bonds
for good roads, the legal opinion Of
Hon. w. H. Scheen will prove to be of
general interest.
general interest. Mr.. Scheen is repre-
senting District Attorney Foster, who is
on a vacation trip.
The opinion, copy Of which follows,
was submitted at the request of Capt.
w. T. Crawford, president of the Po-
life Jury of Caddo Parish. 1t is dated
July 2I.
First-Power of the Police Jury to in
cur debt and issue negotiable bonds
therefor, and to provide for the pay
ment by special tax.
Article 2SI of the Constitution of
1893 provides that Municipal corpora
tons, parishes and drainage districts,
the city of New Orleans excepted" by a
vote of the majority of the qualified
electors, after notice, may incur debt
and issue negotiable bonds therefor to
the amount of one-tenth of the total as
sessed value of the city, parish and
drainage districts, provided that the tax
shall not exceed five mills in any one
year, nor run for period of more than
forty years; "nor shall such bonds be
issued for any other purpose than for
paving and improving streets, roads and
alleys, purchasing and constructing a
system of waterworks, sewerage, drain
age, lights, public parks and other works
of public improvement" etc.
This Article of the Constitution is
found under the head of parochial and
municipal corporations.
This Article is carried into effect by
an Act of the Legislature, being Act 5
Of the Extra Session of 1850, and
amended by Act I45 of 1902.
Article 2oI of the Constitution Of
1903 under the subdivision of Public
Roads, | will quote in full:
The police juries of this State may
form their respective parishes into road
districts; and in order to raise funds
for the purpose of constructing, main
tanning and repairing the public roads
and bridges of their parishes, they are
authorized to set aside at least one mill
per annum of the taxes levied by them,
and to impose a per capita tax of not
more than one dollar per annum upon
each able bodied male inhabitant of the
parish between the ages of IS and 55
years, and to levy an annual license Of
not less than twenty-five cents nor more
than one dollar per annum upon each
vehicle, including bicycles kept and used
for locomotion over public roads, i'll
their respective parishes; which license
may be graduated. The provisions of
this Article shall not be operative in in
corporated towns and cities that main
tain their own streets.
TO carry into effect the provisions
of this Article the police juries may
enact such ordinances of a civil nature
as may be necessary to enforce the
property tax and license tax, and of a
criminal nature to enforce the per cap
tia tax. Other taxes may be levied by
the police juries for road and bridge
purposes. not to exceed five mills for
FIVE years on the property of the par
ish, or any ward thereof, where the rate
of taxation and the purposes thereof
have been submitted to the property tax
payers of said ward or parish entitled
to vote under the election laws of the
State, and a majority in numbers and
value of those voting at said election
shall have voted in favor thereof"
The Supreme Court, in the case Of
Logan VS.. Police jury of Ouaehita Par
| ish, los La. 400, held that this Article
2oI is self-operative, and an enabling
act by the Legislature is not needed te
enable the police juries to proceed Il
hold an election to take the sense of tlt
taxpayers on the question of the levy o
THE tax in question. z
After the adoption of the Constitution
with the above articles, in 1903, tht
parish of ST. Bernard through the Pc
lice Jury held an election to vote 2 I.
milf tax for a period of forty years TO
the purpose of paying the interest an
principal of $4,000 Of 4o-year 5 pc
cent bonds, when sold to be used fo
building and maintaining public roads
bridges and streets throughout the par
ish. Suit was brought by certain citi
zens and taxpayers asking that the pro
ceedings therein be. set aside as beinl
illegal and without authority. In thi