The herald. [volume] (New Orleans, La.) 1905-1953, 1922-05-25
REHEARING ASKED IN LEvEE
BOARD IN WARD DECISION
Effect "Most PernicIous" Attorney
For River Body Insists.

THE award of S125,OOO to William
Ward, Algiers sawmill owner, by the
state supreme court for property
taken by the Orleans levee board for
levee purposes, virtually eliminates
the levee board from participation in
any dock and levee raising project as
contemplated last week, means an
increasS in taxation and can only re-
suit in the most pernicious" conse-
quences."
This statement was made Monday
! by Arthur McGuirk, attorney for the
levee board, in announcing that he
would Immediately seek a rehearing
and will ask that the entire supreme
court of nine judges sit upon the
case when it Is again opened.
If this ruling is to hold, Mr.. Nc
Guirk said, there will be nothing to
prevent a person owning river front
property from erecting a levee far
out in the river, thus reserving for
himself the land right up to the
waters edge with no leve protec-
ton to the citizens of New Orleans,
as the levee board would not own the
shore property on which to build
levees.
Questions Decision
He referred to this in connection
with the part of the supreme court
decision, rendered by Judge John st.
Paul, holding that only the land from
the waters edge to the levee erected
by the land owner" is public prop
erty on which levees might be erected.
THE effects of the decision" Mr..
McGuirk said, ARE so far reaching
! that it virtually extinguishes both
leyee and commercial servitudes; 1t
strikes down the levee board and can
result only in the most pernicious
? consequences.
, "If this decision is to stand l do
not see how the people OF New Or
] leans are to be protected in their
lives and property without almost
: confiscatory taxation. 1t confronts
= the people of New Orleans and the
entire state with a most serious sit
4 uation, because, if men may take
( possession and monopolize the river
: bank it will take millions to pay fol
1 improvements and land for levet
: sites.
"The cost of actual construction o.
0 earthen embankment levees is no
L high. A comparatively great stretch
h may be erected for $4,000 to $25,OO'
Z yet il the decision of the high cour
a is to stand a matter of 10000 SQUARE
s feet will cost s125,000. That is, IL
addition to the cost of the levees viii
require s125,OOO for land and i'm
provement to place it upon.
"As there are some S0-odd mile
along the New Orleans river front t
n be protected, it requires no mathe
a NAUTICAL genius to arrive at the fabu
q. lous amount it will require for thi
a. protection under the present made
~ uuate method, not to consider tn
= raising the docks and levee protet
!. tons to standard height as advocate
: by the Mississippi River Commissio
:, and approved by the levee board las
ID week.
q. "WithaI, the decision Of the cour
II. IL it is to Standard we propose
n. break it if possible, will be to par
I'VE efforts of the levee board an
ct the country district boards as wei
TT and block to serious extent an
!" building of new wharves and oth'
structures. 1t also strips the levt
1T board of the larger part Of its a
z. thority in demanding improvement
along private property"