New Orleans & N. W. R. v. Town of Vidalia

Citations

• 117 La. 561
• 42 So. 139
• 1906 La. LEXIS 733

Syllabus

<p>1.Constitutional Law — Legislative and Judicial Powers — Municipal Ordinances — Reasonableness — Question eor Court.</p> <p>The power of a municipal corporation to determine as to the reasonableness of an ordinance, when exercised in connection with, and •as included in, the enacting power, is, no doubt, legislative; but the power to determine, in a ■given case, presented by parties having property, or other rights, at stake, and independently •of the exercise of the enacting power, whether a municipal corporation, professing to legislate under its incidental or general powers has done ■so in accordance with the conditions of the grant Is judicial, 'and the effect of its exercise upon the power of legislation as conferred on the corporation is merely a necessary incident to the exercise by the courts of the power vested in them.</p> <p>[Ed. Note. — For cases in point, see vol. 10, •Dent. Dig. Constitutional Law, §§ 129-132.]</p> <p>2. Courts — District Courts — Jurisdiction.</p> <p>Sections 3, 4, 5, and 6, pp. 225, 226, of Act No. 136 of 1898, are not obnoxious to the objections that they confer jurisdiction, or legislative power, on the courts, in disregard of the limitations and prohibitions of the Constitution.</p> <p>3. Municipal Corporations — Extension op Boundaries — Reasonableness op Ordinance.</p> <p>Upon the facts disclosed, certain ordinances of the town of Vidalia, extending its boundaries, are held to be “reasonable.”</p> <p>(Syllabus by the Court.)</p>