Blanchard v. Abraham

Citations

• 115 La. 990
• 40 So. 379
• 1906 La. LEXIS 447

Syllabus

<p>1. Ferries — Leases—Powers oe Police Juey.</p> <p>The police juries of the several parishes are vested by statute with the exclusive right to establish, lease, and regulate ferries and bridges within their respective limits.</p> <p>2. Same — Unlicensed Ferries. ’</p> <p>The lessee of a public ferry has a license which is in its nature exclusive, and the police jury of the parish has the power to prohibit by ordinance the operation of unlicensed free ferries and bridges within competitive distance.</p> <p>3. Same — Infringement of Franchise.</p> <p>A combination of a large majority of the patrons of a licensed ferry, each one subscribing a certain sum, for the construction and operation of a pontoon ferry bridge across a navigable stream, is an unlawful infringement of the franchise of the lessee, and cannot be considered in the light of individuals operating a private ferry for the benefit of themselves and families.</p> <p>4. Navigable Waters — Obstruction.</p> <p>No person has the legal right to construct a pontoon bridge across a navigable stream without special legislative authority.</p> <p>5.Statutes — Local Laws.</p> <p>Act No. 202, p. 391; of 1902, relative to the powers of police juries throughout the state (the parish of Orleans excepted) is not a local or special law in the sense of article 48 of the state Constitution.</p> <p>(Syllabus by the Court.)</p>