DeGravelle v. Iberia & St. Mary Drainage District

Citations

• 104 La. 703

Syllabus

<p>Syllabus.</p> <p>1. A section of a statute which expressly repeals a particular prior law only effects its repeal to the extent that the provisions of the two acts are contrary to and in conflict with each other, when by the title of the repealing act its scope as to repealing other laws is so limited.</p> <p>2. The seventh section of Act 114 of 1900 (an act to carry into effect Article 281 of the Constitution of 1898), which declares “that the elections provided for in that act shall be held under the general laws of the State, when not inconsistent with its provisions,” is not a repealing and superseding, but an enlarging and assisting section. Its effect was not to supersede the provisions of existing statutes providing for these special elections, but to caii in aid of them such provisions of the general election laws of the State as might be needed to cover any point not otherwise provided for.</p> <p>3. It is not the duty of the courts to examine the proceedings generally of boards of commissioners of drainage districts on sweeping allegations. They will presume them to be legal and regular unless expressly attacked on specific grounds.</p> <p>4. Drainage districts are established either by direct authority of the General Assembly or by delegated authority to political bodies or subdivisions of the State. The body exercising this authority determines over what territory the benefits are so far diffused as to render it proper for all lands to contribute to the cost of the drainage work. The subject for Its determination is legislative in character. The legislative acts cannot be attacked on the ground of error in judgment regarding the special benefits and defeated by satisfying the courts that no special or particular benefits are received unless under very exceptional conditions. They cannot be attacked for impolicy or overthrown by showing that in particular instances they operate harshly or unjustly. Judicial judgment is not to be substituted lightly for