Board of Com'rs for Bayou Terre Aux Bœuf Drainage Dist. v. Baker

Citations

• 123 La. 75
• 48 So. 654
• 1908 La. LEXIS 615

Syllabus

<p>1. Drains (§ 75*) — Power to Order and Direct Elections — Who has.</p> <p>Under article 281 of the Constitution, as amended, the authority to determine whether the power to order and direct the conduct of the special drainage tax elections contemplated by the article shall be vested in the police juries or the boards of commissioners of drainage districts is left with the General Assembly.</p> <p>[Ed. Note. — Por other cases, see Drains, Cent. Dig. § 72; Dec. Dig. § 75.*]</p> <p>2. Drains (§ 67*) — Power to Order and Direct Elections — Who has.</p> <p>The power to order and direct the conduct of the special drainage tax elections, contemplated by article 281 of the Constitution, as amended, is vested by Act No. 114, p. 178, of 1900, in the police juries, and the provisions of that act upon that subject have not been repealed by Acts Nos. 145, 159, pp. 248, 293, of 1902, or No. 135, p. 225, of 1906.</p> <p>[Ed. Note. — Por other cases, see Drains, Cent. Dig. § 73; Dec. Dig. § 67.*]</p> <p>3. Drains (§ 67*) — Proceedings for Establishment-Validation.</p> <p>The provision, in the amendment to article-281 of the Constitution proposed by Act No. 300, p. 450, of 1908, and adopted in November,. 1908, validating “contributions and acreage taxes heretofore authorized by a vote of a majority, in number and amount,.of the property tax payers, qualified to vote * * * in drainage districts,” is a re-enactment of the provision contained in the amendment proposed by Act No. 122, p. 207, of 1906, and adopted in-November, 1906. It finds no application in a case in which it appears that a majority in amount of the qualified electors referred to did not, and does not appear that a majority in number did, participate in the election.</p> <p>[Ed. Note. — Por other cases, see Drains, Cent. Dig. § 73; Dec. Dig. §'67.*]</p> <p>4. Drains (§ 19*) — Indebtedness—Right to-Incur.</p> <p>Article 281 of the Constitution authorizes drainage districts, upon the vote of the qualified taxpayers, t