« PreviousContinue »
Aet 202, 1898, printed at p. 1650, To make effective this Article of the Constitution.
See generally sub title “Special Taxes," at p. 1645 and note of Decisions at p. 1672.
[Rights of Railroad Corporations to Construct Railroads and
Cross and Connect With Others—They Shall Not Discrim
inate Against Each Other, etc.] Art. 271. Any railroad corporation or association organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad, and shall receive and transport each other's passengers, tonnage and cars loaded or empty, without delay or discrimination.
Const., 1879, Art. 243.
[Railways Declared Public Highways, and Railroads Common
Carriers.] Art. 272. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and railroad companies common carriers.
Const., 1879, Art. 244.
[Railroad and Other Corporations Shall Maintain Public
Offices in State for Certain Purposes.] Art. 273. Every railroad or other corporation, organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made, and where shall be kept for public inspection books in which shall be recorded the amount of capital stock subscribed, the names of owners of stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfers of said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers.
Const., 1879, Art. 245.
The article does not require legislative action to give it effect. State ex rel. Bourdette vs. Gas Light Co., 49 An. 1559; State ex rel. Watkins vs. North American, etc., Co., 106 La. 621.
[Railway Companies Organized in This State Do Not Become
Foreign Corporations by Merger With Those Organized
Elsewhere.] Art. 274. If any railroad company, organized under the laws of this State, shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other State or of the United States, the same shall not thereby become a foreign corporation, but the courts of this State shall retain jurisdiction in all matters which may arise, as if said consolidation had not taken place. In no case shall any one consolidation take place except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law.
Const., 1879, Art. 246.
Act 39, 1877, consolidation of, connecting, etc., railroad companies, printer at p. 1484.
Act 38, 1882, to make effective Art. 246, Const., 1879, printed at p. 1486. Act 100, 1898, consolidation of street railroad companies, printed at p. 1487.
Act 74, 1902, sale or lease of one company's property by another, printed at p. 1489.
Act 73, 1902, railway companies of other States may extend, etc., printed at p. 1492.
[General Laws for Creation of Private Corporations to Be
Enacted- What They Shall Provide.] Art. 275. General laws shall be enacted providing for the creation of private corporations, and shall therein provide fully for the adequate protection of the public and of the individual stockholder.
Const., 1879, Art. 247.
[Power of Police Jury and Municipal Authorities Over
Slaughterhouses-Approval of Board of Health, etc.]
nances designating the places for slaughtering shall obtain the concurrent approval of the Board of Health or other sanitary organization.
Const., 1879, Art. 248.
A city ordinance which grants certain persons the right to establish and operate a slaughter house within certain described limits, and leaves the municipality free to permit other persons to do the same thing, does not violate Art. 248, Const., 1879, since it does not create a monopoly. Darcantel vs. People's Slaughter House & Refrigerating Co., 44 An. 632. A municipality has the unquestioned right to restrict the slaughtering of cattle to certain designated districts. It is an exercise of the police power, and it may change the districts for such business, when the slaughter houses established under previous permits become nuisances to the surrounding neighborhood. Villavaso vs. Barthet, 39 An. 247.
Act 134, 1888, providing for the inspection by the Board of Health intended for food, does not conflict with Art. 248, Const., 1879. State vs. People's S. & R. Co., 46 An. 1031.
Art. 248 (Const., 1879). See Butchers, etc., Co., vs. Crescent City, etc., Co., 111 U. S. 746; see N. 0. Gas Co. vs. Louisiana Light Co., 115 U. S. 650. The conflict between the two cases is only apparent. See id., p. 669.
For police power generally, see Slaughter House Cases, 16 Wall., 36; Live Stock, etc., Assn. vs. Crescent City, etc., Co., 1 Woods 21 (Fed. Cas. 4408); see also Howell vs. Butchers, etc., Co., 36 An. 63.
PAROCHIAL AND MUNICIPAL CORPORATIONS.
[Establishment and Organization of New Parishes-Requi
sites Therefor.] Art. 277. The General Assembly may establish and organize new parishes, which shall be bodies corporate, with such powers as may be prescribed by law, but no new parish shall contain less than six hundred and twenty-five square miles, nor less than seven thousand inhabitants; nor shall any parish be reduced below that area, or number of inhabitants.
Const., 1879, Art. 250.
The Legislature may delegate to police juries authority to pass ordinances relative to roads and levees. Hunsecker vs. Briscoe, 12 An. 169. [Laws Changing Parish Lines, etc., to Be Submitted to Voters
at Special Election Held for the Purpose.] Art. 278. All laws changing parish lines, or removing parish seats, shall, before taking effect, be submitted to the electors of the parish or parishes to be affected thereby, at a special election held for that purpose, and the lines, or the parish seat, shall remain unchanged unless two-thirds of the qualified electors of the parish or parishes affected thereby vote in favor thereof at such election.
Const., 1879, Art. 250, provides that changes in parish lines, etc., may be made by "a majority of votes
cast at such election." Change of parish seats, effect of Art. 209, Const., 1879, special taxes for erection of public buildings, etc. Edwards vs. Police Jury, 39 An. 855.
[Dissolution of Parishes and Junction with Others-How
Effected.] Art. 279. Any parish may be dissolved and merged by the General Assembly into a contiguous parish or parishes, twothirds of the qualified electors of the parish proposed to be dissolved voting in favor thereof at an election held for that purpose; provided, that the parish or parishes into which the dissolved parish proposes to become incorporated consents thereto by a majority of its qualified electors voting therefor.
Const., 1879, Art. 251.
[Rights and Obligations of Parishes Enlarged or Created.]
Art. 280. Whenever a parish shall be enlarged or created from territory contiguous thereto, it shall be entitled to a just proportion of the property and assets, and be liable for a just proportion of the existing debts or liabilities of the parish or parishes from which such territory shall have been taken.
Const., 1879, Art. 252.
[Special Taxes, How Imposed by Municipal Corporations,
Parishes and Drainage Districts-Bonds Therefor.] Art. 281. Municipal corporations, parishes, and drainage districts, the City of New Orleans excepted, when authorized to do so, by a vote of the majority in number and amount of the property taxpayers, qualified as electors under the Constitution and laws of this State, voting at an election held for that purpose, after due notice of said election has been published for thirty days in the official journal of the municipality or parish, and where there is no official journal, in a newspaper published therein, may incur debt, and issue negotiable bonds therefor, to the extent of one-tenth of the assessed valuation of the property within said municipal corporation, parish, or drainage district, as shown by the last assessment
made prior to the submission of the proposition to the property taxpayers, as above provided, and may be authorized by the property taxpayers voting at said election, to levy and assess special taxes upon the property subject to taxation in the parish, drainage district or corporation; provided, said taxes so imposed do not exceed five mills on the dollar of the assessed valuation in any one year, nor run for a greater number of years than the number named in the proposition submitted to the taxpayers. No bonds shall be issued for any other purpose than stated in the submission of the proposition to the taxpayers, and published for thirty days, as aforesaid, nor for a greater amount than therein mentioned; nor shall such bonds be issued for any other purpose than for paving and improving streets, roads and alleys, purchasing or con structing a system or water works, sewerage, drainage, lights, public parks and buildings, bridges and other works of public improvement, the title to which shall vest in the municipal corporation, parish or drainage district, as the case may be; nor shall such bonds run for a longer period than forty years from their date, or bear a greater rate of interest than five per cent. per annum, or be sold by the municipal corporation, parish or drainage district issuing same for less than par.
[Provisions for the Payment of Such Bonds.]
The municipal corporation, parish or drainage district issuing such bonds shall provide for the payment of the interest annually, or semi-annually, and the principal thereof at maturity; provided, that the total issue of bonds by any municipality, parish or drainage district, for all purposes shall never exceed ten per cent. of the assessed value of the property in such municipality, parish or drainage district. Provided, that drainage districts availing themselves of the provisions of this ordinance shall be limited to the rate of taxation herein fixed; and such districts shall be prohibited from levying contributions under the provisions of existing laws, and provided, further, that nothing herein contained shall prevent drainage districts from being established under the provisions of existing laws.
The Constitution contemplates that Drainage Districts shall be separate entities, but it is competent for the legislature to authorize the police juries t.)