The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1912-09-28
a SETTLED QUESTION.

cefnlnS the legal STATUS OI 1Joid4ue
sonYille as the dornicile Of the La
fourche Basin Leyee Board, inasmuch
as Attorney General Pleasant has fully
concurred in and affirmed the opinion
On this subject given to the new
board at it's first meeting, August
26, by District Attorney Gilbert. The
attorney general had previously de-
clined to pass on the matter at the
request of the board, because the dis
trict attorney is made by law the
boards legal adviser, and the at
torney general has no right Or pow
er ito intermeddle with the affairs
Of the board or render opinions over
the head Of the boards legally con-
stituted adviser" When Mr.. Gilbert
asked for the opinion of the attorney
general, however, it was promptly &C
corded, for the reason that the law
authorizes district attorneys to call
upon the attorney genera for advice.
In another part of today's Chief
kthe opinion Of the attorney general
lis reproduced in full, and reference
to its text will show that Mr.. Gil
bert's questions were put in the fol
lowing direct and simple form:
! 1. Where is the .domicile of the
Board of Commissioners of the La
fourche Basin Leyee District located?
2. Has the said board the right to
change it's domicile by resolution?
8. Has the board the right to rent
an office in the city of New Orleans
in order to facilitate its business?
Attorney General Pleasant is equal
| ~ as clear in replying to the ques'
tons, quoting the decision Of District
Judge Leche in the suit OF Demon Ell
al. VS.. the Board of Commissioners
Of the Lafourehe Basin Leyee Dis
trict ct al. as having settled the
| first two propositions, thus:
l. That Donaldsonyille is the dom
1clle OF JnG DOdFa.
g. That the domicile could not be
changed by resolution of the board
AS to the third interrogatory, the
attorney general says:
The said board cannot hold any O
its meetings and perform its corporate
acts as a board at any other place
than DonaldsonVille, it's domicile
If the board, however, should find i
I necessary to rent q room in New Or
leans or elsewhere for the purpose
of aiding in carrying on the bushes:
of the levee district, exclusive o
the corporate acts of the board, | be
llieve that it would lie within thu
discretion Of the board to do SO. Blu
| it could not hold any of its boart
meetings at such place, or keep it:
office, records or archives there. Set
sections 3 and I OF Act No. ID q
1892, and section 74I, RS. the latte,
section being persuasive
/ There was really no controversy il
1.-THE new board nor between tha
body and its 1egsl ;;sasl over thl''
propositions that DonaldsonVil1e wa
Regularly selected as the legal dom
Iicile of the original Lafourche Bash
4 Levee# Board and that the subsequen
change to }Gretna by a successor o
i the original board was made withou
warrant of law The sole point o
difference was as to the right of thu
commissioners to maintain an offlc,
/ in New Orleans for the sake of con
venience in the transaction Of rou
tine business.
This practice has prevailed TO
years, not only with the Lafourcht
Basin board, but also with the Pont
chartrain district board and perhaps
1 others, it having been the custom Il
formally ratifY, at subsequent meet
ings within the districts, the actions
taken at the meetings held in th1
New Orleans offices.
In view of the attorney generals
| emphatic affirmation of the distrie
attorneys opinion that the Lafourcht
board cannot legally transact bust
ness at any meeting place save it:
domicile, it is to be presumed the
commissioners will arrange to con
form to this requirement henceforth
There was considerable heat en-
gendered in the discussion of this
question at the August session, ant
District Attorney Gilbert's feelings
were much ruffled by the exceptions
taken to his official opinion on the
| subject. He can well afford to for
give aud forget now that his posi-
ton has been approved by the states
chief law officer, and certainly thf
members Of the board of commission
ers are too solid and sensible meI
TO allow the incident to interfere
with the amity and good feeling thai
SHOULD prevail in their own councils O
the harmonious relations that shoule
subslst between themselves and then
| legal adviser.
ungratefuI Tramp Printer.
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