Murphy v. Police Jury

Citations

• 118 La. 401
• 42 So. 979
• 1906 La. LEXIS 848

Syllabus

<p>1. Parishes — Rights and Remedies of Taxpayers.</p> <p>Property holders and taxable inhabitants, complaining of no injury save such as is common to the community, but charging gross abuse of power, oppression, and fraud, have a stand-mg in court to restrain the alleged illegal and unwarranted expenditure, by a police jury, of the funds of the parish.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Counties, § 308.]</p> <p>2. Appeal — Review—Objections Waived.</p> <p>• An attack upon the constitutionality of Act No. 94, p. 117, of 1S98, comes too late when made for the first time in this court by an appellant who is before the court solely in virtue of an appeal authorized by said act.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error. §§ 1037. 1038.]</p> <p>3. Parishes — Police Juries — Courthouses— Review by Court.</p> <p>The obligation to provide good and sufficient courthouses for their respective parishes, with proper rooms for jurors, and of determining how the money of which they have the administration shall be expended, is imposed by law upon the police juries, not upon the courts; and for the judiciary to meddle in such matters, where, as in this case, allegations of gross abuse of power, oppression, and fraud are wholly unsupported by proof, would be for it to invade the domain of other departments of the government, in violation of the express prohibitions of the Constitution.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Counties, §§ 204, 221.]</p> <p>4. Same — Estimate of Expenditures.</p> <p>A police jury is not required (by Rev. St. § 2745. or any law) to make out and publish its estimates of expenditures within the same year that it levies taxes to meet such expenditures ; to the contrary, there are some reasons why such estimates should be made and published before the expiration of the preceding year.</p> <p>5. Same — “Estimated Excess of Revenues.”</p> <p>The expression “estimated