Tax Payers of Webster Parish v. Police Jury

Citations

• 52 La. Ann. 465

Syllabus

<p>Syllabus.</p> <p>1. An action contesting an election held to determine whether a subscription shall be made to a railway is not prescribed in three months from the date of the' promulgation of the election, and the prescription does not apply independently of the election so as to cure any illegality in the petition to the Police Jury for an election, although the action, as relates to the election itself, is not prescribed.</p> <p>2. The right of contest, under Act 106 of 1892, gives the right to examine into the acts of the Police Jury in ordering the ' election. The contest sanctioned .by the statute, is not limited to inquiring into the mere contesting of the votes at the election.</p> <p>8. Plaintiffs are not all estopped from calling in question the action of the Police Jury in ordering the election. A number of the plaintiffs did not participate or acquiesce in the election proceedings. •</p> <p>4. Voting at the election would not give grounds to sustain the plea of estoppel.</p> <p>5. Despite the benefits to the community a railroad makes sure, a taxpayer is given the right to contest the election.</p> <p>6. Article 242 of the Constitution of 1879, relating to railways and public improvements, was not self-acting.</p> <p>7. Act 135 of 1886 gave it effect, and carried out the intention of the framers of the Constitution.</p> <p>8. This statute is conditional, and its taking effect is made to depend upon a petition of one-third of the taxpayers of the parish.. Without a petition signed by one-third of the taxpayers requesting, the Police Jury to call an election, the Police Jury has no power to call an election, and submit the question of taxation to a vote.</p> <p>It is jurisdictional.</p>