New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1915-08-21

Mcllhenny requested to furnish
f, copies of the original bills for the
| next meeting of the Jury.
Complying with the request Of
the Jury, District Attorney l.. I.
Dulany, submitted the following
opinions which were ordered
spread on the minutes of the
meeting.
New Iberia, La, July 9TH, Is.
To the President and Members of
the Police Jury of Iberia Par
ish:
Gentlemen-It is unnecessary
at this time to present any leng-
thy statement, upon the question
of your legal right and means OF
finding your Indebtedness for the
past years, it being all sufficient
to say, that the legal right is only
practicable under certain circum-
stances to which | will call your
attention, but which you alone
must determine.
Under Act No. 80 of the extra
session of 1915, a Police Jury is
permitted to set aside not more
than 2 1-2 mills out of its 10 mills
each year for not more than 20
/ years; provided that all statutory
and necessary expenses are first
paid.
If, therefore you should have a
margin, or surplus, over and
above your 'budgeted amount, you
can dedicate that amount, not
exceeding 2 IL mills to the pay
ment of certificates of indebted
ness upon which you could bor-
vw money to pay off your past
Indebtedness.
As the matter now stands it ap-
pears to me that this plan can
only be adopted, after you have
made your budget for the year
1916, but this is for you to de-
termine.
Respectfully submitted.
L. T. DULANY,
District Attorney.
To the President and Members of
the Police Jury:
, Gentlemen-In compliance with
your request, herewith give you
;. NY Nx3eten opinion as to the ques.
ton Of liability of the Parish for
damages resulting to C. L. Smith
by the falling of a defective
bridge on the Public Road.
Il The District Court of this Par
ish has held in one or more cases
Of like nature, that the Parish
could not |be held in damages for
this cause Of action, in other
words that such a demand set
forth no legal cause Of action
against the Parish.
In this holding the District
Court. has been Influenced by
what appears to be the jurispru-
dence of the State, notably the
case of Sherman VS.. the Parish
of Vermilion, reported in the 81
! A, which up to this time has been
accepted as covering the whole
scope of the law in such cases.
For the reasons above men,
toned | am quite certain that the
demand Of Mr.. Smith would be
rejected by the Judge Of the Dis
trict Court, keeping in line with
precedant, and hence cannot ad-
wise the payment of the claim,
but, do advise that the claimant
be left to invoke the adjudication
of his demand by the Courts, and
in the event of his resort to legal
proceedings, though confident of
the rejection of his demand by
1.-The District Judge, | am not sure
that he will not be awarded a
Judgment on appeal
It is not advisable to rely upon
] the eases upon which the opinion
of non-liability has been predicat-
ed, for the reason that, these cas-
es did not involve the question
| of liability of!the Police Jury, in
the exercise y those functions
which relate to the interest of the
taxpayer, but were cases wherein
the acts complained of were such
as arose from the conduct of Of
ficers in the exercise of their dut-
les, as representatives of the
States Sovereign Powers.
| consider the question an open
one until it be directely put at
issue and adjudicated, which does
not appear to have been done.
Respectfully submitted,
T, n DTTT.ANY