State ex rel. Saunders v. Kohnke

Citations

• 109 La. 838
• 33 So. 793
• 1903 La. LEXIS 444

Syllabus

<p>MUNICIPALITIES — SEWERAGE BOARD — ORGANIZATION — ESTOPPEL—QUO WARRANTO — POWERS OF BOARD — RIGHTS AND POWERS OF TAXPAYER — STATUTE — RATIFICATION — CONSTITUTIONAL AMENDMENT — SEWERAGE TAX — TITLE OF ACT — CITY OFFICERS — QUALIFICATIONS.</p> <p>1. The taxpayers of the city of New Orleans voted upon themselves a tax for providing systems of sewerage and' water for their city, coupling with the vote of the tax certain conditions to carry out which a legislative act, and also a constitutional amendment, were necessary. At their instance the statute was passed and the amendment was adopted. No consideration moved to the state in the matter other than such as underlies all legislation — the general public welfare. Among the conditions of the tax was that a special board should be created to have charge of the water and sewerage work. After the tax had been levied, and bonds had been issued, and the work had been put under way, the Legislature, by another act, undertook to change the organization of the said special board. Held, that it was not precluded from so doing by any contract rights accruing to the taxpayers as a result of the said proceedings; there having been, in the first place, no intention to enter into a contract, and no contract arising by implication; and, in the second place, the statute creating the said special board having been one relating to public subjects within, the domain of the general legislative power of the state, and involving public rights and the public welfare.</p> <p>2. In the nature of things, the only parties that can be impleaded in a quo warranto proceeding are the individuals against whom the writ is directed.</p> <p>3. The sewerage and water board, having, by the law of its creation, been given a name, and the power to contract and to sue, and been charged with functions such as it, and not the individuals composing it, must exercise, and possessing to the letter the distinctive attributes of a corporation as specified in the Co