The weekly Iberian. (New Iberia, La.) 1894-1946, 1911-10-07

Power Go.
The Morgan division Of thu
Southern Pacific Railroad has fiiet
an injunction suit against tn.
Traction Co the purpose of III,
suit being 10 nulify HE specia
tax bonus voted by this city III f;.
vor of the Traction Company
We give nelow part of the plain
tfrs petition addressed to the l9ih
5, judicial District Court for Iberia
, Parish.
That the said ordinance further re-
quircd the comm issioners Of election
to receive the ballots of the voters.
upon which the said voter should
have endorsed, or caused to be en-
dofsed. his name and property to he
voted, before deposiiing said ballet in
the ballot box. Petittoning Company
further shows that the SAID election
was held on the said 5rd day Of July
i9l and that though the constitution
and laws of this state expressly pro-
vide that a majority of votes IN mum
Der and in value of the taxpayers en-
titled to vote at said election shall be
required, in order to carry such an
election in favor Of the proposition
submitted; and, although, in fact, IS
yOur petitlOning corporation now al
leges. the taxpayers who voted in IA
vor OF said proposition and tax at said
election were far less than majority
in number and in value of the laNpay
ers entitled to vote in said election,
and although the said rtoposition to
levy said tax WAS accordingly defeat
ed, that, nevertheless, on the 9TH day
of July. 1911. the said Mayor and
Board Vt Trustees convened, and
claiming and pretending to have can
vassed the returns, to have examined
the list Of voters the tally sheets and
the complied statement, though, in
fact, no sufficient canvass or examina
tion of same was made by them; and
without examining properly, or even
claiming to have examined, the as
sessment rolls of the City of New Ihe-
ria for any years whatever, or the re
gistratiOn lists ana poll tax lists tor
any year what ever, wrongfuliy de-
clared that a majority IN number, as
well as majority in value, of the
qualified taxpayers of the City of New
Iberia were in favor of said propost
ton, when> IN fact, majority OF the
taxpayers in number and value enti-
tied to vote at SAID election had not
voted in favor Of said proposition to
levy said tax and though said PROPOSE
ton had, IN truth, been defeated at
said election. That the said Mayor
and Board of Trustees Of New iberia, |
by resolution. then wrongfully and il
legally directed said Mayor, }. S. |
Power, to promulgate the result Of
said election as favorable to the levy |
Of said tax and that the said City of
New Iberia had incurred obligations,
and that the said Mayor
issued his proclamation to that effect |
dated the 5th day of July. 1911, and
which was promulgated and published |
in the official Journal of said City on
July Sth, 1911.
The petition further declares that
the total number Of taxpayers entitled
to vote at said election exceeds, in |
$50 votes. That the total as
sessed valuation of property in the |
said city, as shown by it's assessment |
rolls is in excess Of +, 2OO,00O.' At
tentiOn is then called to the returns,
showing that PA votes had been cast |
for" the proposition, carving an as
sessed valuation ofS707 ,Sll.
The petition further declares "that |
4 number of the votes cast aud count
ed at said election in favor of the le-
vy1ng of said tax were cast by persons
not legally qualified to vote at said
election" The petition then recites
he names of number Of parties who
ire charged with having their assess.
nents on movable property.
TIE petition further declares that
lrticle 27Oof the Constitution IS not
elf executing and that for the want
# an enabling act the election itself
md all proceedings relative thereto
ne illegal. null and void That
here is. accordingly, no provision OF
aw authorizinAthe Mayor and Board
# Trussees of New Iberia, or any gov
rning authority of any tax district to
evy any tax voted at any election
supporting to be held under saId Arti.
lie go Of the Constitution of Louisi-
ma"
The petition ftDther AYERS the hold
ng of that election to be null and
old for the reason that it was not
leld confornably to Section 3 of Act
O2 Of lS9S-the general election laws:
he ballots were not furnished by the
Of State. That the voting
vas carried Oh without the secrecy re-
uised by that law. That the ballots
we're prepared by other parties than
he voter. That the ballot was differ
mt in form from that prescribed in
he ordinance ordering the election
md that the promulgating OF the re
urns had not been made conformably
o law.
Further, that the petition presented
o. and the ordinance adopted by said
favor and Board of Trustees of the
,ity of New iberia, on May 18th, 1911.
alling said election; as well as said
lection and all subsequent proceed
ngs Hereunder. are null and void foi
he reasons that the petition and said
ordinance fail to indicate what amount
3 TO be realized each year from the
AK, or to fix definitely the number OF
ears that the said tax il to continue.
III of which the law requires; but, T.
he contrary, violate said law by pro
riding for aud requiring the levy OF
NO mill tax, regardless Of the amount
Which will thus be realized each year;
nd instead OF fixing the number
; ara for " which said tax shall continue
;, ,,yide on the contrary, that said tas
hall cease at an indefinite time in the
future; that is as soon rs the tota
...~.x cr,r rF Eort = .6vp Thousand dol