The sea coast echo. [volume] (Bay Saint Louis, Miss.) 1892-current, 1917-02-24
SUPREME COURT SAYS
CITY CAN ISSUE BONDS
To BUILD S[AWA[L.
Provided, However, II the
People Are Willing and
Shall Say So By Vote
AT SPECIAL ELECTION

Court Says Seawall Is a Pub
lie cImproyementFor Which
a City Can Levy a General
Ad Valorem Tax on the
Whole Property Of City.
Division B of the Mississippi Supreme
Court Monday morning handed down an
opinion in the case of Conrad Sick ct
al vs. the City of Bay St. Louis ct al in
which 1t is reversed and remanded the
decisions of the lower courts of Hancock
county.
This case Ca friendly suit or test esse)
involved the right OF Bay st. Louis to
issue bonds for seawall. In its decis-
ion the Supreme Court held the city
had right to issue the bonds, but in
order for them to be legal they had to
be submitted to the people. Chief JUS
tice Eshridge rendered the opinion.
Complainants exhibited their bill in
the Chancery court of Hancock county,
Mississippi, against the city OF Bay St.
Louis, alleging that the complainants
are citizens and taxpayers OF the city
OF Bay ST. Louis and that the appellant
ant, Conrad Sick, owns land situated on
the beach front in said city and that the
appellant, Odtave Favre, owns land in
the city on rear street Of she city and
that the city OF Bay 81. Louis il un-
dertaking to issue bonds in ihe sum OF
100000 as empowered by Chapter 2S7
of the laws OF 1916 without having sub
mitted or offered to submit to the quail
fed voters OF the city the question Of
whether said bonds snail be issued or
not, the said amount proposed to be is
sued by them in excess OF seven per
cent of the assessed value OF the proper
~ OF the city of Bay st. Louis: that the
assessed value Of the property is $780,
600; that the city is attempting to ex-
ercise this authority through five citi-
zens who have been constituted or nam
ed by the mayor and board Of aldermen
as "bcnd commissioners" Of the city
with power to construct a seawall by
virtue Of an amendment to the charter
of the city of Bay St. Louis shown as
exhibits to the bill Of complaint, said
city is municipality operating under
a special charter, under the laws of 1886,
chapter 297. That exhibits B and G to
the bill are not part Of the charter of
the said city because they were never
entered on the minutes Of the board of
mayor and aldermen, after being ap-
proved by the Governor, and are void
because OF the attempt to place the
power Of assessment OF special taxes in
the bond commission and that they could
not delegate to the bond commission
this power. They allege further that
the city cannot construct an improve
ment such as seawall, arbitrarily FIX
ing an amount to be collected from the
party upon whose property it is con-
structed; that seawall is not in its ma
ture public improvement for which the
city can levy general tax. They fur
ther contend that the complainants
have never received any knowledge or
notice of the amount that they are to
be assessed for said impfovements;t that
they do not know the character or cost
of said improvement, and that il the
amendment to the charter is valid and
improvements made that it would place
an unknown burden tor the complain
ants without notice, and that they
would be unable to object to the same
or complain until the said improvement
is completed; that under the scheme
proposed that 80 per cent of the bonds
are to be paid by the sentire town for
the construction OF seawall on the pri-
vately property on the beach
front, and that the property situated in
the rear of the city would be required
to pay a large proportion of the said
bonds without receiving any benefit
from the improvement, and that this
would take the complainant's property
without due compensation and without
due process OF the law. The prayer of
the bill is for temporary Injunction res
training the mayor and board OF alder
men from issuing the said bonds and
erecting the said seawall and for the de-
claring of the amendments of the char
ter void and perpetual Injunction
against the city. Chapter 237, laws
1916, omitting the title and enacting
and enforcing clauses, reads as follows:
"That the city of Bay St. Louis,
Hancock county, mississippi, be and is
hereby authorized to issue bonds in the
sum of two hundred thousand dollars
| 600, ,000.09), or SO much thereof as may
| be necessary, at rate OF interest not
exceeding Six per cent per annum, and
llevy special tax to pay said bonds and
Iinterestupon all the property within its
| limits, not exceeding ten {101 mills on