The weekly Iberian. (New Iberia, La.) 1894-1946, 1922-05-20
LETTER FROM ATTY. GEN l.. YIN
ROAD BOARD AUTHORITY.
n, Answer to Enquiry From Hon
Walter Burks, Atty. For Board)

Honor Walter j. Burke, hltoih' "'
Law. New Iberia. La.
Dear Sir
have your letter Of the oth INST
in which you say there has ARISE"
o,+,,o,.ars,. between the Board Oh
| s,,narv;sors Of Road District NO.
ana the Police Jury of the Parish OF
iberia in regard to the location py
the former of a certain foau' VIM"
# appears is now in process OIL con
| struction.
| Hinder ordinary conditions. these
Boards would be represented Wy
vour District Attorney, and Woolo
not undertake to express an opliiioh
I, regard to their respective dutie7
and powers, but as the District a,
orrav is unable to represent both
bodies. and ! assume from your icy
, tar that he holds the Police jury
e end lof the controversy. ! THINK tha''
&c attorney Of the Board of Super
: visnrs Won are entitled to the views
r. tbis Department, and to its adj
vice in the matter.
AS understand it, the SupefViS-
I ors appointed by the Ponce jury !"
y said Road District, having agreed on
il the location Of the Forty Arpent
# Road. intended to connect WARDS
Q Six and Two. but by reason OF the
fact that many abutting owners OF
p" This route refused to give the flghr
j ofway. this road was abandoned
and the Supervisors selected another
-, ,o,to known as the Coulee Road
in New Route)
1t You present for my consideration
n in connection with your letter a re
- solution adopted by the Board OF
~ Supervisors, in which they give Wit
ii considerable detail the reasons Whlc'
N actuated them in abandoning th'
go Forty Arpent Road and adopting th'
is Coulee Road, New Road which
I'd however. it is not necessary to con
IS, slider for a decision of the question
ne You have also called my attention
to a resolution adopted by the Polic
Jury. by which the Board OF SUP
~ ervisors of Road District No. wa
"a directed to proceed with the gravel
he ling of the Forty Arpent Road. a
,ss first contemplated, and inferentiali
by n abandon the Coulee Road. ,Ne'
-. Route.)
ny Bv the resolution thus adopted b
-. the Police Jury, the question OF Ut
- authority of these two bodies to IL
a. cate one or the other Of said roac
ate is put at issue. The contention OF II
Try Police Jury is that under Section
,rk Of Act l1S of 1921, the Board
Supervisors of Road Districts al
the only agents of the Police Juries. al
l',y can only act as the subsidiaries
the Police Juries in the constructlt
H., and location of roads, and IN recel
i've ing bids and letting out contrac
ex- for their construction.
less | do not think that the statu
cry supports this contention. for 1t co
SIS fers upon the supervising boar
"the power and authority to PROVE
per the specifications for road constru
ge' tion. to locate roads. to call for BIC
lot the contract for road constructio
and supervise the construction
roads in said district" and while
statute does provide that the supe
visors shall be the agents OF t
Police Jury, Gin all matters pertai
ing to road construction this Ian
uage necessarily gives the Poll
Jury supervisory power only on que
tions or matters other than the po
ers above enumerated. These powe
being conferred in clear and unm
takeable language, they cannot
superseded by implication.
The purpose of Section is
authorize the appointment by
Police Jury of supervisors of 70
districts, thus placing these roads
der the control of the district the
selves. and take the same from l
lice Juries, which may only have
remote interest, and may in so
instances have an interest VIII
would conflict with the interest
particular road districts.
It will be noted that while the
lice Jury is given the power to
point these supervisors, the sup
visors, when appointed, derive tn
authority and powers directly FIR
the law itself, and not from the
lice Jury. On the contrary, the
tute makes it mandatory upon
Police Jury to approve the contra
of the supervisors unless same
attacked for fraud, or other equiv
ent reason.
/, therefore, hold that the Pc
Jury has no supervisory power o
supervisors of road districts apo
ed under the provisions of Sectio
of Act 118 of 1921, as to "spe'
cations for road construction, to
cate roads, call for bids, let the {
tract for road construction, and S
ervise the construction of roads
their district: said powers be