The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1916-12-16
NUMBER 20

words, after the legislature has once
provided board Of commissioners for
a levee district, is it forever after for
hidden to increase or diminish the
number of such board, or to other
wise change it, by special law apply
ing only to such board? Or can it
reach it only through general iegisla-
tion applying to all levee boards in the
state? I believe fair construction
of this paragraph of Art. 48 leaves
the organization of levee district
subject for a special or local law
amending, renewing, extending or
explaining" such organization. And
parishes are placed in exactly the
same category.
Nearly all corporations have char
ters. The perfection of the charter
is the creation of the corporation.
| Municipal corporations also have
charters, granted either by general or
special law. The domain of special
law on the subject is limited by this
twelfth paragraph ofs<Art. 48. The
legislature can by special law amend
the charters of cities of over $500 in
habitants. 1t is because municipal
corporations, like private corpora
tions, have charters, that the proviso
excepting them in part is stated in
these words, provided, this shall not
apply to municipal corporations" etc.
Parishes, levee districts, and other
political corporations than municipal
tiles, do not have charters, or rather
that term is not usually applied to the
source of their existence. Therefore
when the trainers of the constitution
wanted to make it clear that the pro
hibition against a special law amend
ing the charter of a corporation should
not apply to- government of levee
district OF parish, they used the word
Organization" in lieu of charter"
1t is all right to say that the pro-
hibition against special law amend
ing the charter of a corporation should
not apply to municipal corporations,
because municipal corporations have
charters. They could not have said
it should not apply to parishes, be-
cause parishes have no charters. They
therefore make it clear that the para
graph shall not apply to the organiza-
ton (government) of levee districts
and parishes.
If the trainers Of the constitution
had meant to except only the organ
ization Of new levee districts and new
parishes, it would have been very
easy to have said so. ] believe the ex-
ception relates to all parishes, new or
old, and applies to amendment of or
ganization, as well as new organiza-
ton. amendment of organization is
reorganization, and reorganization
is included in the term Organization"
The above view may be wrong.
Organization" may here mean the
creation or establishment of new par
ishes and levee districts; but il such
be the case, since the parishes have
no charters, there is no prohibition
against q special or local law con-
cerning the government of parish.
We must resolve all doubt in favor
of the constitutionality of statute.
The court is of opinion that Act 100
of 1916 is constitutional, and there
fore that plaintiffs petition shows no
cause or right of action.
It is therefore ordered, adjudged
and decreed that the exception Of no
cause of action filed by defendants
herein be maintained, and that plain
tiffs' suit be dismissed at their cost.
Thus done, read and signed in open
court in the parish of Ascension, this
1st day of December, A. D. 1916.
CHAS. T. WORKMAN,
Judge 9th Judicial District