St. Joseph Plank Road Co. v. Kline

Citations

• 106 La. 325

Syllabus

<p>Syllabus.</p> <p>1. The police juries throughout the State have plenary power with respect to the establishment of public roads in the parishes, and have no less power with respect to the discontinuance, or abandonment, of such roads, and it is within their discretion to establish a toll road, upon the site of a free road, or elsewhere.</p> <p>2. The authority of the police juries, with respect to the construction and management of toll roads, is as broad as that which concerns the establishment of such roads, and they may build, maintain, and operate such roads, directly, or they may contract with others, whether corporations or individuals, for their construction, maintenance, and operation, and the courts will not interfere with the discretion vested in them unless it appears that such discretion has been grossly abused.</p> <p>3. An ordinance of the police jury of Tensas parish whereby the St. Joseph Plank Road Company is authorized to construct, maintain, and operate a toll road over a road extending three miles westward from the parish seat, which road was, at the time, a public highway, but for many years, had been a toll road, is not in contravention of Article 48 of the Constitution, as conferring a monopoly on said company; or of Article 58, as granting the property of the parish to a private corporation ; the obligation being imposed upon the company to reconstruct and maintain the road, and the tolls authorized to be collected, being limited to an amount sufficient to pay the company for the use of its money and for its services.</p> <p>4. Should unjust discrimination in the tolls charged be shown, in a proper pro ceedlng, a remedy would be afforded.</p>