Board of Com'rs v. New Orleans & S. F. R.

Citations

• 112 La. 1011
• 36 So. 837
• 1904 La. LEXIS 504

Syllabus

<p>NAVIGABLE BIVEKS — CONTROL OE BANKS — USE BY BAILROAD.</p> <p>1. The state, being charged with the administration of the banks of the Mississippi river within the limits of the city of New Orleans, and of the public wharves and landings thereon, must necessarily discharge its functions by means of an agent, and until 1896 acted through the city of New Orleans. It then appointed as its agent for the purpose of such administration the board of commissioners of the port of New Orleans, and, in so doing, withdrew from the city all authority that had been granted to it in that behalf, “save,” as this court has decided, “in connection with private wharves,” and, in language at once more specific and more comprehensive, conferred that authority on the agent so appointed. The city has, therefore, no present jurisdiction over the wharves and landings mentioned, as such, and hence has no power, without the consent of said board of commissioners, to authorize the construction and maintenance of a railroad thereon.</p> <p>(Syllabus by the Court.)</p>